UNIVERSITY  OF  ILLINOIS 
LIBRARY 


Class  Book  Volume 

n 


THE 

REVISED  ORDINANCES 

OF  THE 

CITY  OF  CANTON 

COMPRISING 

THE  GENERAL  ORDINANCES 

AND 

CERTAIN  SPECIAL 
ORDINANCES 


PUBLISHED  SEPTEMBER  1906 


REVISED,  CODIFIED  AND  PUBLISHED  BY  ORDER  OF  THE  CITY  COUNCIL 


Press  of 
The  Enterprise  Ptg.  Co. 
136  East  Fourth  St. 
Canton,  Ohio 


AN  ORDINANCE 

To  Revise,  Codify  and  Re-arrange  the  General  Ordinances  of  the 
City  of  Canton. 

Whereas,  It  is  expedient  that  the  general  ordinances  of  the  City 
of  Canton  shall  be  revised,  codified,  re-arranged  and  published  in  book 
form  ;  therefore, 

Be  it  Ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as 
follows  : 


CHAPTER  I 


ANIMALS. 


Section. 

1.  Horses,  etc.,  to  be  securely  fastened. 
Penalty. 

2.  Stallions. 

3.  Horses,  etc  ,  not  to  run  at  large. 

4.  Duty  of  Chief  of  Police.  Penalty. 

5.  Animals  not  to  run  at  large.  Proviso 
Penalty. 

6.  Penalty,  how  collected. 

7.  Duty  of  Chief  of  Police  and  Police. 

8.  Judgment.    Sale  of  animals  to  satisfy  judg- 
ment. 

9.  Officer's  fees. 


Section. 

10.  Bitch  dogs  not  to  run  at  large. 

11.  Penalty. 

12.  Chief  of  Police  to  impound  bitch  dogs. 
Notice  to  owner.  Penalty.  Chief  of  Police's 
fees. 

13.  Keeping  or  harboring  bitch  dogs.  Penalty. 

14.  Over-driving  animals,  etc. 

15.  Cruelty  to  animals. 

16.  Definitions. 

17.  Penalty. 


1 —  Horses,  etc.,  be  securely  fastened— Penalty. 

Section  1.  If  any  person  or  persons  having  in  his,  her,  or  their 
charge  any  horse  or  horses,  mule  or  mules,  or  any  team  of  horses,  mules, 
or  oxen,  shall  permit  the  same  to  stand  in  any  of  the  streets  or  alleys 
within  the  limits  of  this  city,  without  being  securely  fastened  to 
some  substantial  post  or  other  substantial  or  suitable  place  or 
object,  or  being  left  under  the  care  of  some  competent  person 
or^  persons,  so  as  to  prevent  such  animal  or  animals  from  running 
away,  to  the  danger  of  persons  or  property  within  the  city,  such  person  or 
persons  shall,  on  conviction  thereof,  be  fined  in  any  siim  not  exceeding 
five  dollars  and  the  costs'"of  prosecution,  for  the  first  offense,  and  for  every 
repeated  willful  commission  of  the  same  offense,  the  person  or  persons 
convicted  thereof  shall  be  fined  in  any  sum  not  exceeding  fifty  dollars,  nor 
less  than  five  dollars  and  the  costs  of  prosecution.    (Oct.  22,  i860.) 

2—  Stallions. 

Sec.  2.  It  shall  be  unlawful  for  any  person  to  let  or  put  any  stallion 
or  stallions  to  any  mare  or  mares  within  the  limits  of  the  city,  except  the 
Stark  County  Fair  grounds,  any  person  or  persons,  violating  the  pro- 
visions of  this  section  shall,  on  conviction  thereof,  be  fined  in  any  sum 
not  less  than  three  \  dollars  nor  more  than  twenty-five  dollars,  and  the 
costs  of  prosecution  for  every  offense.    (March  26,  1877.) 


6 


REVISED  ORDINANCES 


3—  Horses,  etc.,  not  to  run  at  large. 

Sec.  3.  It  shall  be  unlawful  for  any  owner  or  keeper  of  horses, 
mares,  colts,  or  mules  to  permit  any  such  animals  to  run  at  large,  or  loose, 
on  any  of  the  uninclosed  lots,  streets  or  alleys  within  the  limits  of  said 
city  corporation.    (Oct.  22,  i860.) 

4—  Duty  of  Chief  of  Police— Penalty. 

Sec.  4.  It  is  hereby  made  the  duty  of  the  Chief  of  Police  of  the  City 
of  Canton  to  take  up  and  impound  any  of  the  animals  named  in  Section 
three  found  running  loose  or  at  large  on  any  of  uninclosed  lots,  streets 
or  alleys  of  the  city,  and  for  every  one  of  said  animals  so  taken  up  and 
impounded  by  the  Chief  of  Police,  the  owner  or  claimant  thereof  shall  pay 
as  a  fine  to  the  City  Auditor1;  'for  the  use  of  the  city,  the  sum  of  one 
dollar,  and  a  like  sum  to  the  Chief  of  Police  for  his  services,  together  with 
such  other  costs  and  expenses  as  the  Chief  of  Police  may  find  it  neces- 
sary to  incur  in  procuring  the  aid  of  other  persons  to  take  up  and  impound 
such  animal  or  animals,  and  all  the  expense  of  the  keeping  of  such  animals, 
until  the  owner  or  claimant  shall  call  for  the  same,  which  penalty,  costs 
and  expenses  shall  be  paid  to  the  Chief  of  Police  before  he  shall  be  re- 
quired to  deliver  any  such  animal  or  animals  to  owner  or  claimant  thereof. 
(June  18,  1906.) 

5—  Animals  not  allowed  to  run  at  large— Proviso— Penalty. 

Sec.  5.  It  is  hereby  made  and  declared  unlawful  for  any  person  residing 
within  or  without  said  city  to  allow,  either  intentionally  or  through  careless- 
ness, any  cattle,  horses,  mules,  sheep,  swine,  goats  or  geese  to  run  at  large 
on  any  of  the  streets,  alleys  or  public  grounds  of  said  city ;  Provided,  that 
this  ordinance  shall  not  be  held  to  restrain  cows  belonging  to  persons 
residing  within  said  city,  from  running  at  large  between  the  hours  of  six 
o'clock  P.  M.  and  seven  o'clock  P.  M.  on  any  unoccupied  lot  or  land  or 
unguarded  streets  or  alleys,  provided  such  cow  or  cows  are  attended  by  a 
herdsman  constantly  watching  and  guarding  the  same.  Any  person 
violating  this  ordinance  shall  suffer  and  pay  a  penalty  of  not  less  than  one 
dollar,  or  more  than  five  dollars,  for  each  animal  so  allowed  to  run  at 
large.    (June  14,  1875.) 

6—  Penalty,  how  collected. 

Sec.  6.  Said  penalty  named  in  the  preceding  section  shall  be  col- 
lected by  a  civil  suit  brought  in  the  name  of  the  city,  before  the  Mayor, 


ANIMALS 


7 


against  the  person  so  offending,  which  suit  shall  be  brought  upon  a  com- 
plaint sworn  to,  setting  forth  the  offense^  whereupon  a  summons  shall 
issue  and  be  returned,  and  a  trial  be  had  as  in  other  civil  cas'es  before  the 
Mayor  or  before  a  jury  if  the  defendant  demands  it.    (May  23,  1870.) 

7—  Duty  of  the  Chief  of  Police  and  Police. 

Sec.  7.  Whenever  the  Chief  of  Police  or  any  Police  Officer  in  this 
city  shall  see  any  animal,  running  at  large  contrary  to  the  fifth  section  of 
this  ordinance,  such  Chief  of  Police  or  any  Police  Officer  shall  take  up  and 
impound  such  animal  in  a  pound  provided  for  that  purpose,  and  any  citizen 
may  in  like  manner  take  up  such  animal  and  report  the  same  to  the  Chief 
of  Police  or  Police  Officer,  who  shall  impound  the  same.  Such  officer 
shall  thereupon  file  a  complaint  as  provided  for  in  the  sixth  section  of  this 
ordinance,  and  such  animal  shall  be  held  a  reasonable  time  for  the  service 
of  summons  and  the  disposition  of  the  suit  so  instituted.    (June  18,  1906.) 

8—  Judgment— Sale  of  animals  to  satisfy  judgment. 

Sec.  8.  Upon  a  trial  being  had  and  judgment  for  the  defendant,  the 
animal  so  held  shall  be  released  without  costs  or  expense.  Upon  a  decision 
being  rendered  against  such  person,  a  judgment  shall  be  rendered  against 
him  for  the  penalty  fixed  by  the  court  and  for  costs  and  expenses  of1 
keeping  such  animals ;  that  if  any  such  person  shall  fail  to  pay  such  judg- 
ment, the  Mayor  shall  issue  his  order  to  the  Chief  of  Police  ordering  him 
to  sell  such  animal ;  thereupon  the  Chief  of  Police  shall  give  public  notice 
of  the  time  and  place  of  the  sale  of  such  animal,  by  posting  a  notice  thereof 
in  at  least  five  public  places  in  the  city,,  at  which  time  and  place1  such 
animal  shall  be  sold  at  public  auction,  and  the  proceeds  of  said  sale  shall 
be  returned  to  the  Mayor,  out  of  which  said  judgment  and  increased  costs 
shall  be  paid,  and  the  balance  be  paid  to  the  owner  of  such  animal.  (June 
18,  1906.)  ,   '  j 

9—  Officer's  fee 

Sec.  9.  Such  officer  or  person  taking  up  such  animals  shall  be  entitled 
to  fifty  cents  for  each  horse,  mule  or  head  of  cattle  or  swine,  the  sum  of 
twenty-five  cents  for  each  of  the  other  animals  so  taken,  and  for  other 
services  under  this  ordinance  the  officer  shall  be  entitled  to  the  same 
costs  as  in  like  service  in  civil  suits  before  a  Justice  of  the  Peace ;  that  the 
actual  costs  of  keeping  such  animal  shall  be  taxed  against  the  same.  (May 
23,  1870.) 


8 


REVISED  ORDINANCES 


10—  Bitch  dogs  not  to  run  at  large. 

Sec.  10.  It  shall  be  unlawful  for  any  person  owning  or  harboring 
any  bitch  dog  within  the  limits  of  said  city  to  permit  such  animals  to  run 
at  large  in  any  of  the  streets,  alleys,  squares,  commons,  or  other  public 
places  in  said  city.    (Aug.  18,  1879.) 

11—  Penalty. 

Sec.  11.  Any  person  violating  section  ten  of  this  ordinance  shall, 
upon  complaint  made  on  oath  before  the  Mayor  and  upon  conviction,  be 
fined  in  any  sum  not  less  than  one  dollar  nor  more  than  five  dollars  foir1 
each  offense,  and  shall  also  pay  the  costs  of  prosecution ;  and  it  shall  be' 
no  defense  to  such  prosecution  to  show  that  such  bitch  dog  was  at  large 
without  the  knowledge  or  fault  of  such  owner  or  person  harboring,  or  at 
the  time  complained  of  was  accompanied  by  such  owner  or  harboring 
person.    (Aug.  18,  1879.) 

12—  Chief  of  Police  to  impound  bitch  dogs — Notice  to  owner — Penalty— Chief  of 
Police's  fees. 

Sec.  12.  It  shall  be  the  duty  of  the  Chief  of  Police  or  any  member 
of  the  police  force  who  shall  find  a  bitch  dog  running  at  large  in  violation 
of  the  provision  of  this  ordinance,  to  take  up  and  impound  such  animal, 
and  shall,  if  the  owner  or  harborer  thereof  be  known,  give  immediate 
notice  to  him  or  her  of  such  impounding ;  and  if  such  owner  or  harboring 
person  shall  fail  within  twenty-four  hours  after  receiving  such  notice  to 
appear  before  the  Mayor  and  pay  such  fine  as,  upon  conviction  or  plea  of 
guilty,  shall  be  assessed  against  him  or  her  for  permitting  such  animal  to 
run  at  large,  together  with  the  costs  of  prosecution  including  a  fee  of  one 
dollar  to  the  Chief  of  Police  or  policeman  for  impounding  and  giving 
notice  aforesaid,  said  bitch  dog  shall  be  killed,  and  for  his  services  in 
impounding,  killing  and  burying  such  animal,  such  Chiei  01  Police  or 
policeman  shall  be  entitled  to  the  sum  of  two  dollars  to  be  paid  out  of  the 
City  Treasury,  on  the  certificate  of  the  Mayor  and  order  of  the  City 
Auditor,  and  in  any  prosecution  against  and  conviction  of  the  owner  of  the 
animal  so  killed  for  permitting  its  running  at  large,  a  fee  of  two  dollars 
shall  be  taxed  for  such  impounding,  killing  and  burying,  and  included  in 
the  bill  of  costs,  and  on  collection  shall  be  paid  into  the  City  Treasury. 
(June  18,  1906.) 

13—  Keeping  or  harboring  bitch  dogs— Penalty. 

S<c.  [3.  Any  person  keeping  or  harboring  a  bitch  dog  in  such 
manne  r  that  the  public  peace,  quiet  and  order  shall  be  disturbed  or  the 


ANIMALS 


comfort  or  well  being  of  any  citizen  affected  thereby,  shall  upon  conviction 
thereof  be  fined  in  any  sum  not  exceeding  five  dollars,  and  shall  pay  the 
costs  of  prosecution  ;  and  shall  moreover  be  liable  to  a  like  penalty  for  every 
twenty-four  hours  that  he  or  she  shall  permit  such  disturbance  to  con- 
tinue after  a  first  conviction  as  aforesaid.    (Aug.  18,  1879.) 

14—  Over=driving  animals,  etc. 

Sec.  14.  It  shall  be  unlawful  for  any  person  to  over-drive,  over- 
load or  to  drive  when  overloaded,  or  to  overwork  or  to  deprive  of  the 
necessary  sustenance,  torture,  torment  or  cruelly  beat,  mutilate,  or  cause 
or  procure  to  be  so  over-driven,  over-loaded,  over-worked  deprived  of 
necessary  sustenance,  tortured,  tormented,  or  cruelly  beaten  or  mutilated 
any  animal  or  to  permit  any  such  animal  to  be*  without  proper  protection 
from  the  weather.    (April  3,  1889.) 

15—  Cruelty  to  animals. 

Sec.  15.  It  shall  be  unlawful  for  any  person  having  charge  or 
custody  of  any  animal,  to  cruelly  drive  or  work  the  same,  when  unfit  for 
labor,  or  cruelly  abandon  the  same  or  cause  the  same  to  be  dragged  or 
carried  along  in  an  unnecessarily  cruel  manner,  or  authorize  or  permit 
the  same  to  be  subjected  to  unnecessary  torture,  suffering  or  cruelty  of 
any  kind.    (April  3,  1889.) 

16 —  Definitions. 

Sec.  16.  The  word  animal  shall  be  held,  to  include  any  living  creat- 
ure. The  word  "  torture  "  and  "  cruelty  "  shall  be  held  to  include  every 
act,  omission  or  neglect,  whereby  unnecessary  or  unjustifiable  physical 
pain  or  suffering  is  caused  or  permitted.    (April  3,  1889.) 

17—  Penalty. 

Sec.  17.  Whosoever  shall  violate  any  of  the  provisions  of  sections 
fourteen,  fifteen  and  sixteen  shall  be  fined  not  less  than  five  or  more  than 
fifty  dollars,  or  be  imprisoned  not  exceeding  thirty  days  or  both  at  the 
discretion  of  the  court.    (April  3,  1889.) 


CHAPTER  II. 


AUCTIONEERS. 


Section. 

18.  Auctioneer  defined. 

19.  Penalty. 

20.  license. 


Section. 

21.  license  fee. 

22.  Judicial  sales. 


1 8 —  Auctioneer  defined. 

Section  18.  Any  person  who  shall  sell  any  goods,  wares  or  merchan- 
dise, imported  into  the  city  limits  for  the  purpose  of  being  sold  at  auction 
to  the  highest  bidder,  in  any  building  or  in  any  of  the  streets,  alleys,  high- 
ways or  in  any  other  public  place  within  the  City  of  Canton,  and  any 
person  who  shall  sell  horses  or  other  animals  on  the  highways  or 
public  grounds  of  the  City  of  Canton,  at  auction  to  the  highest  bidder, 
shall  be  deemed  an  auctioneer.    (April  14,  1890.) 

19—  Penalty. 

Sec.  19.  It  shall  be  unlawful  for  any  auctioneer  to  exercise  his 
calling  without  first  obtaining  a  license  so  to  do  from  the  Mayor,  and  any 
person  violating  any  provision  of  this  chapter,  shall,  upon  conviction  there- 
of, be  fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars,  (Apjril 
14,  1890.) 

20—  License. 

Sec.  20.  Every  person  desiring  a  license  to  auctioneer  in  the  City 
of  Canton,  shall  make  an  application  in  writing  to  the  Mayor,  stating 
therein  the  kind  of  goods,  wares,  merchandise  or  animals  he  desires  to 
auctioneer,  and  the  length  of  time  said  license  is  desired.  Whereupon  the 
Mayor,  after  the  payment  of  the  license  fee  hereinafter  provided  for,  shall 
issue  the  license,  stating  therein  that  the  applicant  has  complied  with  the 
requirements  of  this  ordinance,  and  the  length  of  time  for  which  said  license 
is  granted.    (April  14,  1890.) 

21—  License  fees. 

Sec.  21.  Every  person  desiring  a  license  to  auctioneer  in  the  City  of 
Canton  shall  pay  therefor  such  sum  as  the  Mayor  may  designate  in  the 


AUCTIONEERS 


11 


following  limits :  For  the  first  day  not  less  than  ten  dollars  nor  more  than 
fifty  dollars,  and  for  each  succeeding  day  not  less  than  five  nor  more 
than  forty  dollars,  provided,  however,  that  if  any  auctioneer  shall  take  out 
a  license  for  three  months,  the  license  shall  be  one  dollar  for  each  day 
excluding  Sundays,  or  a  license  may  be  granted  to  an  auctioneer  for  one 
year  for  two  hundred  dollars.  (April  14,  1890.) 
22— Judicial  sales. 

Sec.  22.  Nothing  herein  contained  shall  be  so  construed  as  to  apply 
to  any  person  making  sale  of  any  property  at  auction  by  virtue  of  any 
judgment  or  decree  of  any  court  or  under  authority  of  law.  (April  14, 
1890.) 


CHAPTER  III 


AUTOMOBILES,  LOCOMOBILES  AND  HORSELESS  CAR- 
RIAGES. 


23—  Rate  of  speed. 

Section  23.  It  shall  be  unlawful  for  any  person  or  persons 
to  run  or  operate  an  automobile,  locomobile  or  other  horseless 
carriage  upon  or  along  any  street,  alley,  avenue,  lane,  boulevard  or  park- 
way of  the  City  of  Canton,  Ohio,  at  a  greater  rate  of  speed  than  eight 
miles  per  hour  in  the  business  and  closely  built  up  portions  of  said  city, 
nor  more  than  fifteen  miles  an  hour  in  the  other  portions  of  said  city. 

24—  Light,  bell,  brake  and  gong. 

Sec.  24.  It  shall  be  unlawful  for  any  person  or  persons  to 
run  or  operate  an  automobile,  locomobile  or  other  horseless,  carriage  upon 
or  along  any  street,  alley,  avenue,  lane,  boulevard  or  parkway  of  the 
City  of  Canton,  Ohio,  during  the  period  of  from  one  hour  after  sunset 
to,  one  hour  before  sunrise  without  exhibiting  a  lamp  or  lamps, 
showing  a  white  light  or  lights  for  a  reasonable  distance  in  the  direction 
toward  which  such  vehicle  is  proceeding,  and  also  showing  a  red  light  or 
lights  in  the  reverse,  direction,  and  shall  be  provided  with  and  use  at  all 
proper  and  necessary  times,  good  and  sufficient  brake,  and  a  suitable  bell, 
horn  or  other  signal. 

25  —Frightened  horses. 

See.  25.  When  any  person  or  persons  running  or  operating 
an  automobile,  locomobile  or  other  horseless  carriage  discovers 
or  discover  that  a  horse  or  horses  being  ridden  or  driven  along 
any  street,  alley,  avenue,  lane,  boulevard  or  parkway  of  said  city,  upon 
the  requesl  or  on  signal  of  the  person  riding,  leading  or  driving  a  horse  or 


Section. 

23.    Rate  of  speed. 


Section. 

27.  Processions. 

28.  Penalty. 

29.  Registering  and  numbering. 

30.  Mayor's  duties. 

31.  Penalty. 


24.  lights,  bell  or  gong. 

25.  Frightened  horses. 

26.  Keep  to  right  side. 


AUTOMOBILES,  LOCOMOBILES  AND  HORSELESS  CARRIAGES  13 


horses  or  other  animal,  by  the  person  soi  doing  putting  up  the  hand,  the 
operator  of  such  motor  vehicle  as  aforementioned  shall  immediately  bring 
the  vehicle  to  a  stop,  and  if  traveling  in  the  opposite  direction,  shall 
remain  stationary  so  long  as  may  be  reasonably  necessary  to  allow;  such 
horse  or  animal  to  pass,  and  in  case  such  horse  or  animal  appeared  to  be 
frightened,  and  he  is  required  so  to  do,  the  person  operating  such  auto- 
mobile, locomobile  or  other  horseless  carriage,  shall  cause  the  motor 
thereof  to  cease  running  so  long  as  it  is  necessary  to  prevent  accident  and 
insure  the  safety  of  the  person  using  said  street  or  other  public  place. 

26—  Keep  to  right  side. 

Sec.  26.  Any  person  or  persons  running  or  operating  an 
automobile,  locomobile  or  other  horseless  carriage,  through  or 
upon  any  of  the  streets,  alleys,  avenues,  boulevards  or  parkways  within 
the  city  shall  keep  to  the  right  side  of  the  middle  line  of  such  street,  alley, 
avenue,  boulevard  or  parkway  so  as  to  leave  half  the  road  free,  and  all 
persons  riding  on  horseback  or  on,  bicycle,  tricycle,  tandem  bicycle,  loco- 
mobile, automobile  or  motor  vehicle  of  any  description,  shall,  on  meeting 
carriages  or  vehicles  of  any  description,  keep  to  the  right  so  as  to  leave 
two-thirds  of  the  roadway  free. 

27 —  Processions. 

Sec.  27.  No  person  shall  run  or  drive  any  automobile,  loco- 
mobile or  other  horseless  carriage  through  any  civic,  military  or 
funeral  procession,  when  any  street  or  lane  is  crowded  with  teams,  wagons 
or  other  vehicles  through  which  any  civic,  military  or  funeral  procession 
is  passing,  and  any  person  having  charge  or  operating  any  automobile, 
locojmobile  or  other  horseless  carriage,  shall  obey  any  order  for  the  re- 
moval of  any  such  automobile,  locomobile  or  other  horseless  carriage, 
which  may  be  given  by  the  Mayor,  Chief  of  Police  or  any  policeman. 

28—  Penalty. 

Sec.  28.  Any  person  or  persons  violating  any  of  the  provisions  of 
this  ordinance  shall  be  fined  in  the  sum  not  less  than  Five  Dollars  ($5-Oo) 
nor  more  than  Fifty  Dollars  ($50.00)  and  pay  the  costs  of  prosecution. 

29 —  Registering  and  numbering. 

.Sec.  29.  That  the  owner  or  driver  of  any  automobile  or 
other  vehicle  propelled  by  motor  power,  shall,  before  operating 
such   vehicles  within   the   City   of   Canton,   register   with    the  Mayor 


14 


REVISED  ORDINANCES 


his  name,  residence  and  a  description  of  the  automobile  or  motor  vehicle 
owned  or  operated  by  him,  and  thei  Mayor  shall  enter  such  name,  resi- 
dence and  kind  of  vehicle  in  a  record,  to  be  kept  by  him  for  that  purpose, 
and  shall  also  furnish  to  the  person  so  registering  a  number,  which  shall 
correspond  to  the  number  appearing]  in  the  record,  and  shall  also  furnish 
to  the  person  so  registering,  aluminum  figures,  constituting  the  aforesaid 
number,  four  inches  high  and  two  and  one-half  inches  wide.  Such  owner 
or  driver  shall  place  said  figures  so  as  to  constitute  the  aforesaid  number 
on  the  rear  of  his  vehicle.  All  numbers  must  be  kept  bright,  arranged  in 
a  horizontal  line  within  a  space  of  one  and  one-half  inches  between  the 
nearest  adjacent  points  of  the  several  figures,  on  a  dark  background,  and 
must  not  be  attached  to  the  axle  or  hung  under  the  body  of  the  vehicle. 
They  must  be  placed  so  as  to  be  in  plain  view  at  all  times.  They  must 
be  hung  on  or  directly  below  the  rear  end  of  the  body  of  said  vehicle, 
but  must  be  secured,  both  top  and  bottom,  to  prevent  swinging,  and  must 
be  placed  central  between  the  rear  wheels.  Provided,  that  the  requirements 
hereinbefore  set  forth  for  the  identification  of  automobiles  and  other 
vehicles  propelled  by  motor  power,  shall  not  apply  to  owners  or  drivers  or 
such  vehicles,  not  residents  of  Canton,  upon  their  first  visit  to  Canron, 
when  said  vehicle  is  not  kept  in  Canton  more  than  one  day. 

He  shall,  when  registering  with  the  Mayor,  sign  an  agreement  that  he 
will  furnish  the  name  of  any  person  other  than  himself  operating  his 
vehicle  when  requested  by  an  officer  of  the  City  of  Canton  so  to  do. 

No  person  shall  operate  any  automobile  or  motor  vehicle  upon  any  of 
the  streets,  alleys,  boulevards,  park  driveways  or  public  grounds  of  the 
City  of  Canton,  without  displaying  in  the  manner  herein  set  forth  the 
number  and  figures  furnished  to  him  by  the  Mayor.   (May  15,  1905.) 

30—  Mayor's  duties. 

Sec.  30.  The  Mayor  shall  charge  and  receive  the  sufm  of 
one  dollar  for  the  services  herein  performed,  the  aforesaid  sum 
to  be  applied,  first,  to  the  payment  of  cost  of  said  automobile  or  motoir 
vehicle  numbers,  and  any  balance  at  the  end  of  each  month,  shall,  by  said 
Mayor,  be  paid  into  the  city  treasury  and  the  city  treasurer  shall  thereupon 
place  same  in  the  general  fund.    (May  15,  1905.) 

31—  Penalty. 

See.  31.  Any  person  who  shall  violate  any  of  the  provisions  of 
Sections  20.  and  30,  shall,  upon  conviction  thereof,  be  fined  in  any  sum  not 
less  than  five  dollars,  nor  more  than  one  hundred  dollars.    (May  15,  1905.) 


CHAPTER  IV 


BENCH  MARK. 

Section. 

32.   Bench  mark. 

32— Bench  mark. 

Section  32.  The  iron  bolt  inserted  in  the  basement  wall  of 
the  City  Hall  building,  and  located  near  the  west  side  of  the  north 
entrance  steps  of  said  City  Hall,  be  and  the  same  is  hereby  established  as 
the  bench  mark  of  said  city ;  and  all  grades  heretofore  established,  or 
hereafter  established,  shall  have  reference  to  a  datum  plane  one  hundred 
feet  below  the  bench  mark  aforesaid.    (Dec.  4,  1893.) 


CHAPTER  V 


BICYCLES. 


Section. 

33.  Bicycles  on  streets. 

34.  Penalty. 

35.  No  more  than  two  abreast. 

36.  Must  have  bell. 


Section. 

37.  Must  keep  to  right. 

38.  Must  avoid  fire  apparatus. 

39.  Penalty. 


33—  Bicycles  on  streets— Rules— Sidewalks— Scorching— Turn  to  right. 

Section  33.  All  persons  riding  bicycles  in  or  upon  any  of  the  streets, 
highways  and  public  grounds  of  the  City  of  Canton,  Ohio,  shall  in  all 
respects  obey  and  be  governed  by  the  following  rules  and  regulations : 

First.  No  bicycle  shall  be  ridden  at  a  greater  speed  than  eight  (8) 
miles  an  hour. 

Second.  No  person  shall  ride  any  bicycle  on  any  of  the  sidewalks  of 
said  city  which  lie  along  and  are  adjacent  to  any  of  the  brick-paved  streets, 
nor  shall  any  person  ride  any  bicycle  on  any  of  the  other  sidewalks  of  said 
city,  (except  such  as  lie  along  and  are  adjacent  to  that  part  of  any  street 
paved  with  cobble  stones),  only  at  such  time  or  time  as  the  streets  or  the 
part  thereof  which  lies  along  and  is  adjacent  to  that  part  of  the  sidewalk 
upon  which  said  bicycle  is  ridden,  is  from  any  cause  rendered  impassable 
for  bicycles. 

Third.  All  scorching  and  coasting  is  hereby  prohibited,  nor  shall  any 
bicycle  be  ridden  with  both  hands  of  the  rider  removed  from  the  handlebars. 

Fourth.  All  riders  of  bicycles  shall  turn  to  the  right  when  meeting 
another  rider  or  vehicle,  and  when  passing  another  rider  or  vehicle  shall 
turn  to  the  left,  except  when  from  any  cause  it  is  impossible  so  to  do. 
(June  22,  1896.) 

34—  Penalty. 

Sec  34.  Any  person  violating  any  of  the  provisions  of  Sec- 
lion  thirty-three  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  before  the  Mayor,  shall  be  fined  in  any  sum  not  less  than 
one  dollar  nor  more  than  five  dollars  for  the  first  offense,  and  not  less  than 
five  dollars  nor  more  than  ten  dollars  for  the  second  offense,  and  for  the 


bicycles 


17 


third  or  any  subsequent  offense  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars,  or  imprisonment  in  the  county  workhouse  for  any 
period  not  exceeding  thirty  days  or  both,  at  the  discretion  of  the  Mayor. 
(June  22,  1896.) 

35— No  more  than  two  abreast. 

Sec.  35.  It  shall  be  unlawful  for  any  person  or  persons  to  ride  or 
propel  any  bicycle  through  or  upon  the  streets,  avenues,  alleys  or  high- 
ways of  the  city  while  riding  abreast  of  more  than  one  other  person  riding 
or  propelling  any  bicycle.   (June  19,  1899.) 

36  — Must  have  bell. 

Sec.  36.  It  shall  be  unlawful  for  any  person  or  persons  to 
ride  or  propel  any  bicycle  through  or  upon  the  streets,  avenues, 
alleys  or  highways  within  this  city  without  ^aid  bicycle  being  provided 
with  a  suitable  bell  which  shall  be  rung  when  approaching  or  passing  any 
person  who  is  in  danger  of  colliding  with  said  bicycle,  and  shall  be  rung 
at  a  distance  of  not  less  than  twenty  nor  more  than  fifty  feet  from  such 
person  or  persons  and  shall  also  be  rung  on  approaching  any  street  inter- 
section, crosswalk  or  corner  at  a  distance  therefrom  of  not  less  than  twenty 
feet  nor  more  than  fifty  feet.    (June  19,  1899.) 

37—  Must  keep  to  right. 

Sec.  37.  Any  person  or  persons  riding  or  propelling  any 
bicycle  through  or  upon  any  of  the  streets,  avenues,  alleys  or 
highways  within  the  city,  shall  keep  to  the  right  side  of  the  middle  line 
of  such  street,  avenue,  alley  or  highway  and  shall  not  cross  to  the  left 
side  of  such  center  line,  except  for  the  purpose  of  dismounting  at  the  curb 
or  to  enter  upon  private  premises  or  upon  an  intersecting  street  or  alley. 
(June  19,  1899.) 

38—  Must  avoid  fire  apparatus. 

Sec.  38.  It  shall  be  unlawful  for  any  person  or  persons, 
riding  or  propelling  any  bicycle  to  follow,  head  off  or  precede 
at  a  nearer  distance  than  fifty  feet  any  hose  cart  or  other  apparatus 
of  the  fire  department,  or  the  patrol  wagon  when  being  used  or  driven  upon 
any  of  the  streets,  avenues,  alleys  or  highways  within  this  city.  (June  19, 
1899.) 


18 


REVISED  ORDINANCES 


39— Penalty. 

Sec.  39.  Any  person  violating  any  of  the  provisions  of  the 
four  next  preceding  sections  of  this  ordinance  shall,  upon  conviction 
thereof  before  the  Mayor  be  fined  in  any  sum  not  less  than  one  dollar  nor 
more  than  five<  dollars  for  the  first  offense,  and  not  less  than  five  dollars 
nor  more  than  ten  dollars  for  the  second  offense,  or  any  subsequent 
offenses  and  shall  pay  the  costs  of  prosecution.    (June  19,  1899.) 


CHAPTER  VI. 


BILLS,  BILL  POSTING  AND  ADVERTISING  MATTER. 


Section. 

40.  license  to  post  bills,  etc. 

41.  license  fee. 

42.  Not  transferable  except. 

43.  Shall  wear  badge. 

44.  Penalty. 

45.  Exception. 


Section. 

46.    Unlawful  to  scatter  bills,  etc.  without  per- 


mit from  Mayor. 

47.  Mayor  authorized  to  issue  permit. 

48.  Permission  from  owner  of  premises. 

49.  Penalty. 

50.  Distributing  sample  packages,  how. 

51.  Penalty. 


40— Bill  posting,  sign  painting,  etc.— License. 

Section  40.  It  shall  be  unlawful  for  any  person  or  corpora- 
tion to  engage  in  or  carry  on  the  business  of  bill-posting, 
painting  and  pasting  signs  for  advertising  purposes,  distributing 
bills  or  advertising  matter  of  any  kind,  tacking  cards,  or  adver- 
tising by  posting,  painting,  pasting,  tacking  or  in  any  manner  distributing 
any  bill,  sign  or  other  advertising  matter,  advertising  any  article  or  com- 
pound which  has  not  been  manufactured  or  compounded  within  the  cor- 
porate limits  of  the  City  of  Canton,  Ohio,  without  first  having  obtained 
from  the  Mayor  of  said  city  a  license  so  to  do.    (June  20,  1898.) 

4 1  —Fee— Authority . 

Sec.  41.  Before  issuing  such  license  the  Mayor  shall  demand 
and  receive  from  the  person  applying  therefor,  the  sum  of 
twenty-five  dollars,  and  upon  payment  of  such  sum  of  money  it  shall  be 
the  duty  of  the  Mayor)  to  issue  to  such  person  a  license  for  the  period  of 
one  year  from  the  date  thereof,  but  no  such  license  shall  be  issued  to  any 
person  who  has  not  been  a  resident  of  the  City  of  Canton  at  least  three 
months  next  preceding  the  issuance  of  said  license,  and  express  authority 
is  hereby  given  to  the  Mayor  to  grant  and  issue  such  license  and  revoke 
the  same.  (June  20,  1898.) 
42— How  transferred. 

Sec.  42.  No  such  license  shall  be  sold  or  transferred  by 
such  licensee,  except  to  a  person  having  the  sa^me  qualifications 
as  to  residence  as  such  licensee,  and  only  then  with  the  consent  of  the 
vMayor  endorsed  on  the  back  of  said  license  and  recorded  in  the  Mayor's 


20 


REVISED  ORDINANCES 


Record  of  Licenses,  and  any  license  sold,  transferred  or  assigned  without 
such  consent  and  record  shall  be  null  and  void.    (June  20,  1898.) 

43—  Shall  wear  badge. 

Sec.  43.  Said  licensee,  his  agent  and  employes,  or  such  as- 
signee, his  agent  or  employes,  while  engaged  in  the  business 
hereinbefore  specified,  shall,  while  so  engaged  wear  a  badge  with  the 
following  words  printed  thereon  in  large  letters,  "  Licensed  Advertiser," 
and  said  badge  shall  be  worn  conspicuously  upon  the  person  and  furnished 
at  the  expense  of  the  licensee.    (June  20,  1898.) 

44—  Penalty. 

Sec.  44.  Any  person  violating  any  of  the  provisions  of  the 
four  next  preceding  sections  of  this  ordinance,  shall,  upon  conviction 
before  the  Mayor,  be  fined  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars  for  each  and  every  offense.    (June  20,  1898.) 

45—  Exception. 

Sec.  45.  Nothing  herein  shall  be  construed  to  authorize  the  Mayor 
to  exact  and  receive  a  license  fee  from  merchants  or  manufacturers  doing 
business  in  thisi  city  for  advertising  their  own  business.    (June  20,  1898.) 

46—  Scattering  bills— Unlawful  without  permit. 

Sec.  46.  It  shall  be  unlawful  for  any  person  or  persons  to  throw, 
cast  or  distribute  any  handbill,  circular,  dodger  or  placard  upon  any  street 
or  alley  in  the  City  of  Canton,  Ohio,  for  the  purpose  of  advertising  any 
entertainment,  show,  theatre,  wares  or  merchandise  of  any  kind,  without 
such  person  or  persons  having  first  obtained  from  the  Mayor  of  the  city 
a  written  permit  to  do  so.    (August  14,  1893.) 

47—  Authority. 

Sec.  47.  The  Mayor  of  the  city  is  hereby  authorized  to  issue  such 
permit  if  he  deems  the  same  proper,  upon  application  made  as!  provided 
in  the  preceding  section.    (August  14,  1893.) 

48 —  Permission  from  owner  of  premises. 

Sec.  48.  It  shall  be  unlawful  for  any  person  or  persons  to  throw, 
distribute,  or  place  upon  the  ground  or  premises  of  any  other  person  or 
corporation  any  handbill,  dodger,  circular  or  placard  without  such  person 
or  persons  having  first  obtained  a  permit  from  the  owner  or  proprietor 
♦  hereof  to  do  so.    (August  14,  1893.) 


BILLS,  BILL  POSTING  AND  ADVERTISING  MATTER 


21 


49—  Penalty. 

Sec.  49.  Any  person  or  persons  violating  the  provisions  of 
Sections  forty-six,  forty-seven  and  forty-eight  hereof  shall,  upon  con- 
viction thereof  before  the  Mayor,  be  fined  in  any  sum  not  less  than  one 
dollar,  nor  more  than  five  dollars  for  the  first  offense,  and  in  a  sum  not  less 
than  five  dollars  nor  more  than  twenty-five  dollars  for  each  subsequent 
offense.    (Aug.  14,  1893.) 

50—  Distribution  of  sample  packages— How. 

Sec.  50.  It  shall  be  unlawful  for  any  person  to  distribute 
samples  of  medicine,  food  or  other  articles  by  scattering,  strew- 
ing, depositing,  or  placing  the  same  upon  any  street,  alley,  side- 
walk, lawn,  yard,  doorstep  or  porch  within  the  corporate  limits 
of  the  City  of  Canton,  but  all  such  samples  of  medicine,  food  or  other 
articles  shall  be  delivered  personally  to  the  person  or  persons  for  whom  it 
is  intended,  and  no  such  samples  shall  be  delivered  to  any  child  under  ten 
years  of  age.    (April  30,  1900.) 

51—  Penalty. 

Sec.  51.  Any  person  violating  any  of  the  provisions  of  the  foregoing 
section,  shall,  upon  conviction  thereof  before  the  Mayor,  be  fined  in  any 
sum  not  exceeding  twenty  dollars  and  pay  the  cost  of  prosecution.  (April 
30,  1900.) 


CHAPTER  VII. 


BONDS. 


Section. 

52.  Issue  registered  bonds. 

53.  Cancellation  and  destruction. 

54.  Bond  record. 

55.  Interest  and  principal.  Transfer. 


Section. 

56.  City  Auditor. 

57.  Registration. 

58.  How  issued.    Faith  and  credit. 

59.  Mayor  to  sign  bonds  and  undertakings. 


52 —  Issue  registered  bonds. 

Sec.  52.  The  City  of  Canton  shall,  on  demand  of  the  ovvntr 
or  holder  of  any  of  its  coupon  bonds  heretofore  or  hereafter 
issued,  issue  in  lieu  thereof,  registered  bonds  in  the  same  amount,  but 
of  such  denomination  as  the  owner  and  holder  of  the  bonds  may  elect, 
bearing  the  same  rate  of  interest,  and  payable,  both  as  to  interest  and  prin- 
cipal, at  the  same  time  as  the  coupon  bonds  for  which  they  are  exchanged ; 
provided  that  no  bonds  so  issued  in  exchange  for  other  bonds  shall  be  ot 
smaller  denomination  than  One  Thousand  Dollars,  unless  and  to  the  extent 
that  the  bonds  offered  for  exchange  are  themselves  of  smaller  denomina- 
tion than  One  Thousand  Dollars,  and  in  no  case  shall  such  new  bonds, 
when  of  denomination  smaller  than  One  Thousand  Dollars,  be  for  any 
smaller  denominaton  than  Five  Hundred  Dollars.    (February  29,  1904.) 

53—  Cancellation  and  destruction. 

Sec.  53.  Such  coupon  bonds,  when  so  exchanged,  shall  be  can- 
celled and  destroyed  by  mutilation  in  the  presence  of  at  least 
two  witnesses,  by  the  Mayor  and  the  City  Auditor  and  Clerk  of 
the  Council,  who  shall  at  the  time,  sign  a  certificate  containing  a 
description  of  the  coupon  bonds  so  cancelled  and  destroyed,  of  the  fact 
and  method  of  destroying  the  same,  the  place  and  the  time  thereof,  and 
that  they  were  witnesses  of  these  transactions,  stating  who,  if  any  others, 
were  present,  and  such  certificate  shall  be  preserved  in  the  office  of  the  City 
Auditor.    (February  29,  1904.) 

54—  Bond  record. 

Sec.  54.  A  book  shall  be  kept  in  each  of  the  offices  of  the 
City  Auditor   and  Board   of   Sinking   Fund   Trustees,   in    which  shall 


BONDS 


23 


be  entered  the  date  of  maturity,  interest  where  payable,  number,  denomina- 
tion, and  the  owner  of  such  registered  bonds,  and  the  number  of  the 
coupon  bonds  for  which  they  were  exchanged.    (February  29,  1904.) 

55—  Interest  and  principal. 

Sec.  55.  The  interest  and  principal  of  such  registered  bonds 
shall,  when  due,  be  paid  in  the  City  of  Canton  and  only  to  the  person 
or  persons,  firm  or  corporation  that  appears  by  such  bonds  to  be  the 
owner  thereof,  or  to  its  duly  authorized  agent,  empowered  to  collect 
either  said  interest  or  principal  or  both,  by  power  of  attorney  duly 
executed ;  and  such  registered  bonds  may  be  transferred  on  such  books 
by  the  owner  in  person  or  by  a  person  authorized  so  to  do  by  a  power  or 
attorney  duly  executed ;  and  in  such  cases  the  power  of  attorney  herein 
provided  for,  both  as  to  the  collection  of  principal  and  interest  and  the 
transferring  of  said  bonds,  shall  be  filed  and  carefully  preserved  in  the 
office  of  the  auditor  of  the  city.    (February  29,  1904.) 

56—  City  Auditor. 

Sec.  56.  The  exchange  and  registering  of  bonds  required  by  the 
ordinance  shall  be  transacted  by  the  Auditor  of  the  city  at  his  business 
office,  where  a  registry  shall  be  kept  for  that  purpose.  (February  29,  1904.) 
5  7— Registration. 

Sec.  57.  No  bond  in  lieu  of  a  bond  returned  for  cancellation  shall 
be  issued  until  the  same  shall  have  been  registered  as  provided  in  this 
ordinance.    (February  29,  1904.) 

58—  How  issued — Faith  and  credit. 

Sec.  58.  Such  registered  bonds  shall  express  upon  their  face 
the  purpose  for  which  they  were  issued  and  that  they  were  issued 
under  this  ordinance.  They  shall  be  prepared,  issued  and  de- 
livered under  the  direction  of  the  City  Auditor,  and  shall  be  signed 
by  the  Mayor  of  the  City  and  the  City  Auditor  and  sealed  with  the  seal 
of  the  city.  Said  bond  shall  bear  the  stamp  of  the  Board  of  Sinking  Fund 
Trustees,  containing  the  words,  "  Registered  in  office  of  the  Sinking  Fund 
Trustees,"  signed  by  the  clerk. 

The  faith  and  credit  of  the  City  of  Canton  shall  be  pledged  for  the 
payment  of  the  principal  and  interest  of  all  such  bonds  at  maturity.  (Febru- 
ary 29,  1904.) 

59 —  Mayor  to  sign  bonds  and  undertakings. 

Sec.  59.  Whenever  the  City  of  Canton  shall  be  a  party, 
either    a    plaintiff    or    defendant,    to    any    litigation    in    any  court 


24 


REVISED  ORDINANCES 


whatsoever,  it  shall  be  the  duty  of  the  Mayor,  on  behalf  of 
said  city  to  sign  all  bonds  or  undertakings  necessary  to  be  signed 
therein ;  provided,  however,  that  in  extreme  cases  where  in  the  judgment 
of  the  Mayor,  it  would  be  unwise  to  await  the  direction  and  authorization 
of  the  Council  to  sign  said  bonds  or  undertakings,  the  Mayor  in  such  event, 
shall  have  authority  to(  sign  same,  but  at  the  next  regular  meeting  of  trie 
Council  following  said  signing,  the  Mayor  shall  inform  the  Council  of  said 
signing  and  the  Council  shall  thereupon  either  affirm  or  disapprove  the 
action  of  the  Mayor  in  the  premises,  and  may  order  said  litigation  to  be 
discontinued. 

All  bonds  or  undertakings  so  signed  by  the  Mayor  shall  be  binding 
upon  said  city.   (September  18,  1905.) 


CHAPTER  VIII 


BUILDINGS. 


SUB-DIVISION  i.— PERMITS. 


Section.  Section. 

60.  Building  permits.  62.  Penalty. 

61.  Use  of  streets,  etc.  for  building  materials.  63.  Fees. 

Permits.    Space  occupied.    Signal  lights.  64   Clerk's  records  of  permits. 


SUB-DIVISION  2. — UNSAFE  BUILDINGS. 


Section. 

65.  Board  of  Examiners  of  insecure  and  unsafe 
buildings.  Appointments. 

66.  Duties.  Notice  to  remove  unsafe  buildings. 
Penalty. 


Section. 

67.  Cost,  how  paid.    Solicitor  to  collect. 

68.  Clerk  of  the  Council,  Secretary  of  Board. 


SUB-DIVISION  3.— MOVING  BUILDINGS. 


Section. 

69.  license.  Bond. 

70.  Permit.  Duties  Board  of  Public  Service. 
Fire  limits.    Duties  house  movers. 


Section. 
71.  Penalty. 


SUB-DIVISION  1.— PERMITS. 

60 -Building  permits. 

Section  60.  When  any  person  or  persons,  firm  or  corporation, 
shall  desire  to  erect  any  house  or  building,  or  any  addition  to 
any  building  within  the  limits  of  the  the  City  of  Canton,  he  or  it  shall  make 
written  application  to  the  Clerk  of  the  Council,  stating  the  number  and 
extent  of  the  building  or  buildings  or  addition  thereto,  to  be  erected,  the 
estimated  cost  of  the  same,  the  number  of  lot  or  out-lot,  the  name  of  the 
addition,  sub-division  or  plat  in  said  city,  and  the  ward  in  which  such 
building  or  buildings  or  additions  thereto  are  to  be  built,  and  the  contract 
time  for  completion,  and  thereupon  said  Clerk  of  the  Council  shall  issue 
a  permit  to  such  person  or  persons,  firm  or  corporation,  to  erect  such 
building  or  buildings  or  addition  thereto.    (January  25,  1904.) 


26 


REVISED  ORDINANCES 


61— Use  of  streets,  etc.  for  building  materials— Permits— Space  occupied— Signal 
lights. 

Sec.  61.  No  person  or  persons,  firm  or  corporaton,  shall 
place  or  cause  to  be  placed  on  or  in  any  street,  lane,  alley  or 
public  ground,  any  material  for  building  purposes  until  he  or  it  shall  have 
obtained  a  permit  so  to  do  from  the  Clerk  of  the  Council.  Applications 
therefor  shall  be  made  in  writing,  and  the  permit  shall  specify  the  portion 
of  the  street,  lane,  alley  or  public  ground  to  be  used,  but  the  length  of 
time  for  such  use  shall  not  exceed  three  months ;  provided,  however,  that 
said  permit  may  be  renewed  or  extended  by  vote  of  the  Council,  in  no 
case  shall  any  person,  firm  or  corporation  occupy  more  than  one-third  in 
width  of  any  street,  lane  or  alley,  nor  more  than  twenty  (20)  feet  in  width 
on  the  public  square.  Any  person,  firm  or  corporation  receiving  such 
permit,  shall,  from  the  time  of  placing  any  material  upon  any  street,  lane, 
alley  or  public  ground  as  provided  herein,  place,  keep  and  maintain  at  his 
or  its  expense  at  or  near  such  material,  not  fewer  than  two  signal  lanterns, 
and  as  many  more  as  shall  be  necessary,  and  shall  keep  the  ssjme  lighted 
so  that  the  material  or  obstructions  so  placed,  can,  at  all  hours  of  the  night, 
be  seen  by  persons  passing  along  or  near  said  material  or  obstructions, 
and  said  signal  lanterns  shall  be  kept  lighted  every  night  from  dusk  in  the 
evening  until  daylight  the  next  day,  as  long  as  any  material  or  obstructions 
so  placed  there  shall  remain. 

No)  building  permit  shall  be  issued  for  the  erection  of  any  house  or 
building,  or  any  addition  to  any  building  on  Market  street,  between  North 
Street  and  Tenth  Street,  on  Tuscarawas  Street  between  McKinley  Avenue 
and  Commerce  Street,  and  on  Cherry  Street  between  Tuscarawas  Street 
and  Tenth  Street,  shall  authorize  the  obstruction  of  any  sidewalk,  except 
when  it  shall  be  necessary  to  remove  the  sidewalk  and  to  excavate  the 
earth  underneath  the  same  ;  provided,  however,  that  no  sidewalk  upon  any 
of  the  streets  named  between  the  points  indicated  shall  by  reason  of  any 
excavation  beneath  the  same,  be  closed  for  a  longer  period  than  ten  days. 
Before  the  front  wall  of  any  building  fronting  upon  the  parts  of  said  streets 
herein  'named  and  between  the  points  designated,  shall  be  erected1, 
or  taken  down  or  altered  in  such  wise  as  to  endanger  persons  passing* 
along  the  sidewalk  in  front  thereof,  a  covered  passageway  shall  be  con- 
strneted  next  to  the  curb  line  not  less  than  five  feet  in  width,  and  shall  be* 
kept  free  and  clear  from  any  obstructions,  and  shall  be  kept  open  for  free 


BUILDINGS 


27 


and  uninterrupted  use  by  pedestrians.  The  said  covered  passageway 
herein  provided  for,  shall  be  enclosed  by  a  proper  and  sufficient  covering, 
the  roof  of  which  shall  be  at  least  eight  feet  from  the  surface  of  said  side- 
walk, and  the  .sides  and  roof  shall  be  so  constructed  as  to  protect  pedes- 
trians fro/m  any  falling  building  or  other  material. 

The  material  for  said  building  purposes  herein  permitted  to  be  placed 
upon  any  street,  lane,  alley  or  public  ground,  shall  be  so  located  as  not  to 
interfere  with  the  free  flow  of  water  upon  any  street,  lane,  alley  or  public 
ground.    (January  25,  1904.) 

62—  Penalty. 

Sec.  62.  Any  person  or  agent,  employe  or  officer  of  any  firm 
or  corporation,  having  in  charge  the  building  of  any  house  or  other 
building,  or  any  addition  thereto,  violating  or  failing  to  comply  with 
any  of  the  provisions  of  Sections  60  and  61  hereof,  shall  upon  conviction 
be  fined  not  less  than  Ten  Dollars  ($10.00)),  or  more  than  Fifty  Dollars 
($50.00),  and  thq  costs  of  prosecution,  and  if  the  permit  has  been  issued, 
it  may  be  revoked  at  the  discretion  of  the  Mayor,  and  it  shall  be  the  duty 
of  the  Mayor  and  police  to  prevent  the  placing  of  any  building  material 
or  other  matter  upon  any  street,  lane,  alley  or  public  ground,  except  in 
accordance  with  a  permit  issued  under  this  ordinance,  and  to  cause  the 
removal  of  any  material  placed  thereon  without  such  permit.  (January 

25,  I904-) 

63—  Fee. 

Sec.  63.  The  fee  for  issuing  said  permit  shall  be  Fifty  Cents 
(50  cents),  which  shall  be  collected  from  the  applicant  by  the  Clerk  of 
Council  before  the  issue  of  such  permit,  and  by  him  turned  into  the  city 
treasury  within  thirty  days  after  the  collection  of  the  same.  (January  25, 
1904.) 

64—  Clerk's  record  of  permits. 

Sec.  64.  It  shall  be  the  dutyv  of  the  Clerk  of  the  Council  to  keep 
a  full  and  complete  record  by  wards  of  all  the  permits  issued  by  him,  which 
he  shall  report  quarterly  to  the  City  Council  and  daily  to  the  Board  of 
Public  Service.  He  shall  also  on  -the  second  Monday  of  April  of  each 
year  make  out  and  return  to  the  Auditor  of  Stark  County  a  full  and  com- 
plete copy  of  said  record. 


28 


REVISED  ORDINANCES 


SUB-DIVISION  2. — UNSAFE  BUILDINGS. 

65—  Board  of  Examiners  of  insecure  and  unsafe  buildings— Appointment. 

Sec.  65.  Upon  the  legal  passage  and  publication  of  this  ordinance 
there  be  appointed  by  the  Mayor  of  the  City  of  Canton,  Ohio,  two  citizens 
of  said  city,  who,  with  the  Mayor,  the  Chief  of  the  Fire  Department  and 
City  Engineer  of  Canton,  Ohio,  shall  constitute  a  board  of  examiners  of 
insecure  and  unsafe  buildings. 

Said  board  so  named  shall  hold  their  appointment  for  the  period  of 
two  years  from  date  of  the  appointment.    (February  26,  1906.) 

66—  Duties — Notice  to  remove  unsafe  buildings— Penalty. 

Sec.  66.  Said  board  shall  have  power  to  inspect  all  buildings 
or  structures  erected,  or  in  process  of  erection,  and  if  in  their 
judgment  the  same  are  unsafe  or  in  a  condition  or  situation 
calculated  to  injure  the  lives  of  persons  residing  in  the  same, 
or  passing  by  the  same,  or  to  injure  any  adjacent  property, 
then  upon  so  appearing  to  said  board,  they  shall  cause  the  owner  thereof, 
or  his  agent,  to  be  notified  to  have  the  same  removed  or  properly  repaired 
within  a  specified  time  after  written  notice  is  served  upon  such  persons, 
and  if  such  persons  after  said  notice,  fail  or  neglect  to  cdUnply  with  the 
terms  of  said  notice,  then  said  board  shall  proceed  forthwith  to  have  such 
buildings  or  structures  demolished,  or  so  much  thereof  as  may  be  necessary 
for  the  safety  of  persons  or  property  as  the  case  may  be.  (February  26, 
1906.) 

67—  Costs,  how  paid— Solicitor  to  collect. 

Sec.  67.  When  a  building  or  structure  is  demolished  by  the  said 
Board  of  Inspectors,  the  cost  shall  in  the  first  instance,  be  paid 
out  of  the  General  Fund  upon  a  proper  voucher  for  the  amount, 
signed  by  the  Mayor  and  the  persons  constituting  said  board, 
said  persons  constituting  said  board  shall  make  out  bills  of  the 
cost  of  demolishing  said  buildings  or  structures  against  the  owner  or 
agent  thereof,  and  if  such  bills  are  not  paid  upon  presentation  by  the 
Clerk  or  within  ten  days  thereafter,  the  City  Solicitor  shall)  forthwith 
institute  suit  for  the  amount  as  in  case  of  other  debts  due  the  city,  and 
the-  amount  when  paid  shall  be  credited  to  the  General  Fund.  (February 
26,  1906.) 


BUILDINGS 


29 


68—  Clerk  of  Council,  Secretary  of  Board. 

Sec.  68.  The  Clerk  of  the  City  Council  of  Canton,  Ohio,  shall  act  as 
Clerk  of  said  board  without  any  extra  compensation.    (February  26,  1906.) 

SUB-DIVISION  3.    MOVING  BUILDINGS. 

69—  License— Bond . 

Sec.  69.  No  person  excepting  a  licensed  house  mover,  shall 
move  any  building  within  the  limits  of  the  City  of  Canton,  and 
every  such  person,  co-partnership  or  corporation,  shall,  before  en- 
gaging in  said  occupation,  obtain  a  license  therefor  from  the  Mayor,  and 
no  such  license  shall  be  granted  until  the  party  or  parties  applying^ 
therefor  shall  give  a  surety  company  bond  in  the  sum  of  One  Thousand 
Dollars  ($1,000.00),  to  be  approved  by  the  Mayor,  conditioned  among 
other  things,  that  said  party  or  parties  shall  pay  any  and  all  damages 
which  may  happen  to  any  pavement,  street  or  sidewalk ;  or  to  any  wire 
or  wires  belonging  to  the  City  of  Canton,  or  to  any  person,  firm  or  cor- 
poration ;  or  to  any  tree  or  trees;  whether  said  damage  or  injury  shall  be 
inflicted  by  said  party,  or  his  or  its  agents,  employes  or  workmen,  and 
conditioned,  also,  that  said  party  or  parties  will  save,  indemnify  and 
keep  harmless  the  City  of  Canton  against  all  liabilities,  judgments,  costs  and 
expenses  which  may  in  any  wise  accrue  against  said  city  in  consequence 
of  the  granting  of  said  license^  and  will  in  all  things,  strictly  comply  wth 
the  conditions  of  his  or  its  license.  Said  license  shall  not  be  transferable, 
shall  bo  granted  for  a  perod  of  two  years,  and  the  fee  to  be  charged' 
therefor  shall  be  Twenty-five  Dollars  ($25.00),  which  the  Mayor  shall  pay 
into  the  general  fund  of  said  city.    (March  5,  1906.) 

70—  Permit— Duties  Board  of  Public  Service— Fire  limits— Duties  house  movers. 

Sec.  70.  Nor  shall  any  building  be  removed  to  a  new  loca- 
tion within  the  limits  if  the  City  of  Canton,  without  a  permit  being 
first  issued  therefor  by  the  Board  of  Public  Service.  The  person  or  per- 
sons, co-partnership  or  corporation  desiring  such  removal,  shall  file  with 
the  Board  of  Public  Service  his  or  its  written  application  therefor,  setting 
forth  the  kind  of  building  to  be  moved,  its  original  cost,  its  dimensions 
in  extreme  length,  height  and  width,  its  present  location  and  the  particular 
lot  or  site  to  which  it  is  proposed  to  be  moved. 

The  Board  of  Public  Service  shall  thereupon  thoroughly  examine  said 


30 


REVISED  ORDINANCES 


building,  and  inquire  into  the  fact  as  to  whether  or  not  the  proposed 
removal  can  be  made  without' serious  injury  to  person  or  property.  The 
Board  of  Public  Service  may  thereupon  issue  a  permit  for  such  removal, 
designating-  therein  the  particular  streets  or  alleys  along  which  the  re- 
moval shall  be  made,  and  specify  therein  the  length  of  time  allowed  for 
moving  said  building,  providing,  however,  that  said  building  has  not  been 
damaged  by  wear  andj  tear,  or  by  other  cause  or  causes  to  an  extent  ex- 
ceeding fifty  per  cent  of  its  first  cost  and  that  such  removal  can,  in  the 
opinion  of  said  board,  be  made  without  serious  injury  to  pavements,  and 
other  public  improvements.  With  the  issuance  of  said  permit,  the  said 
Board  of  Public  Service  shall  cause  written  notice  thereof  to  be  given  to 
the  Superintendent  of  Fire  Alarm  and  to  the  superintendents  of  tele- 
phone, electric  light  and  street  railroad  companies,  and  to  other  persons 
and  corporations,  whose  property  may  be  affected  by  such  removal. 

No  part  of  the  above  section  shall  be  construed  so  as  to  modify, 
change  or  conflict  with  the  ordinance  establishing  the  fire  limits  of  said 
city. 

If  any  licensed  house  mover,  shall,  when  moving  buildings  over 
paved  streets,  find  it  necessary  to  take  up  any  portion  of  the  pavement 
thereof,  he  or  it  shall  immediately  place  his  or  its  initials  in  red  paint 
upon  the  curbing  directly  opposite  the  portion  of  said  paveiment  taken 
up,  but  no  portion  of  any  pavement  shall  be  taken  up  at  intervals  less 
than  two  hundred  feet  apart,  railroad  crossings  excepted.  All  pavement 
or  parts  of  pavement  so  taken  up  by  said  house  mover,  shall,  by  him  or 
it  me  immediately  replaced  in  as  good  condition  as  the  same  was  before 
being  removed,  and  be  so  replaced  under  the  direction  of  the  Board  of 
Public  Service. 

Any  licensed  house  mover,  when  Imoving  a  building  or  other  structure 
on  the  paved  streets  of  the  City  of  Canton,  shall  cause  planks  to  be  laid, 
upon  which  planks  wheels,  trucks  or  rollers  used  in  moving  the  building 
or  structure,  shall  be  placed,  and  the  planks  used  as  tracks  upon  which  the 
wheels,  trucks  or  rollers  shall  be  used ;  said  planks  shall  be  at  least 
twelve  inches  in  width  and  two  inches  in  thickness.  (March  5,  1906.) 
71 -Penalty. 

Sec.  71.  Any  person  violating  any  of  the  provisions  of  Sec- 
tions 69  tnd  70  of  the  Revised  Ordinance  of  the  City  of  Canton, 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  less  than  Fifty 
Dollars  ($50.00),  and  not  exceeding  Two  Hundred  Dollars  ($200.00),  and 
pay  the  costs  of  prosecution.    (March  5,  1906.) 


CHAPTER  IX 


CITY  LIMITS. 


Section.  Section. 

72.    Corporate  limits.  73.    Duties  of  Solicitor. 


72— Corporate  limits. 

Sec.  72.  The  territorial  corporate  limits  of  said  city  shall 
be  enlarged  and  the  boundary  lines  of  the  same  extended  and 
established  as  hereinafter  described,  and  all  the  territory  contiguous  to 
the  present  corporate  limits  lying  between  the  existing  corporate  limits 
of  said  city  and  the  boundary  lines  proposed  as  hereinafter  described,  be 
annexed  to  said  City  of  Canton  and  made  a  part  thereof,  so  as  to  enlarge 
the  present  existing  corporate  limits  of  the  same  to  the  extent,  distance 
and  in  the  manner  and  character  indicated  in  a  certain  plat  of  the  con- 
templated enlargement  made  by  F.  E.  Myers,  City  Civil  Engineer  of 
said  city,  at  the  instance  of  the  City  Council  of  said  city,  which  said  plat 
is  hereby  approved  by  this  Council. 

The  boundary  lines  to  be  the  extended  and  enlarged  proposed  cor- 
porate city  limits  of  said  city  shall  be  fixed  and  established  as  follows, 
to-wit :  Beginning  at  a  stone  at  the  North  East  corner  of  the  North 
'West  Quarter  of  Section  2,  Township  10,  Range  8;  thence  south  4 
degrees  50  minutes  west  with  the  quarter  section  line,  passing  an  iron  pin 
at  the  quarter  corner  at  2694.6  ft.  to  a  stone  in  Hurford  Road  distant 
5383.8  ft.,  said  stone  being  the  quarter  corner  between  Sections  2  and  11, 
Township  10,  Range  8;  thence  north  85  degrees  13  minutes  West  2862.1 
ft.  to  an  iron  pin  in  Belden  Avenue,  and  present  corporation  line  at  North 
East  corner  of  Section  10;  thence  south  3  degrees  48  minutes  West  2702.4 
ft.  to  the  quarter  corner  on  the  east  boundary  of  said  Section  10;  thence 
South  3  degrees  5  minutes  West  with  section  line  2240  ft.  to  the  middle 
of  Steubenville  Road;  thence  south  66  1-2  degrees  west  3045  ft.  through 
the  lands  of  Jacob  Rowland's  heirs,  Connotton  Valley  Railway  Co.,  John 
Gibbs  and  Michael  Rohrer  to  the  center  of  an  iron  bridge  where  a 
branch  of  the  Nimishillen  Creek  crosses  the  west  line  of  the  North  East 


32 


REVISED  ORDINANCES 


Quarter  of  Section  15;  thence  south  57  degrees  30  minutes  west  with  said 
branch  of  the  Nimishillen  Creek  and  through  the  lands  of  Washington 
Myers  and  John  P.  Rex,  563  feet ;  thence  south  45  degrees  14  (minutes 
west  562.5  ft.  to  the  south  line  of  said  Rex's  land ;  thence  following  said 
branch  of  the  Nimishillen  Creek,  through  the  lands  of  Geo.  W.  Trump 
south  41  degrees  37  minutes  west  400  ft.  ;  thence  south  24  degrees  7 
minutes  west  308  feet;  thence  south  51  degrees  45  minutes  west  612  feet 
to  the  south  line  of  Trump's  land ;  thence  through  David  .Sherrick's  land 
and  following  said  branch  of  the  Nimishillen  Creek  south  51  de- 
grees 45  minutes  west  188  feet;  thence  south  29  degrees  45 
minutes  west  210  feet;  thence  south  46  degrees  20  minutes  west  800  feet; 
thence  south  72  degrees  58  minutes  west  690  feet ;  thence  south  55  degree* 
5  minutes  west  1290  feet;  thence  south  28  degrees  55  minutes  west  300 
feet;  thence  south  51  degrees  55  minutes  west  703  feet  to  the  south  line 
of  section  16;  thence  south  85  degrees  10  minutes  east  686.4  feet  to  the 
quarter  corner  between  Sections  16  and  21  and  in  Allen  Street;  thence 
south  2  degrees  17  minutes  west  1355.8  feet  to  a  stake  in  the  Mill  Road; 
thence  south  67  degrees  west  925.4  feet  to  a  stake  in  center  of  North  In- 
dustry Road;  thence  north  25  degrees  west  105.5  feet  w^tn  center  of  said 
road  to  a  stake,  at  intersection  of  a  County  road  running  south  70  degrees 
5  minutes  west  667.3  feet  to  a  stake ;  thence  south  81  degrees  45  minutes 
west  683.5  feet  to  a  stake;  thence  south  45  degrees  40  minutes  west  759 
feet  to  a  stone  at  the  quarter  corner  between  Sections  20  and  21  ;  thence 
north  4  degrees  35  minutes  east  2690  feet  to  a  stone  at  the  north  west 
corner  of  Section  21  and  the  northeast  corner  of  Section  20,  also  being  the 
present  corporation  line;  thence  north  85  degrees  10  minutes  west  2804.5 
feet  to  an  iron  pirn  in  Harrison  Avenue  and  the  north  west  corner  of  the 
present  corporation;  thence  north  85  degrees  io  minutes  west  1357  reet 
a  stake  in  Vincent  street ;  thence  North  4  degrees  40  minutes  east  5396 
feel  to  a  stone  at  the  quarter  quarter  corner  between  the  north  wta( 
quarter  of  Section  17  and  the  south  west  quarter  of  Section  8;  thence  north 
84  degrees  42  minutes  west  1350  feet  to  a  stone,  the  section  corner  between 
Sections  7,  8,  17  and  [8;  thence  north  4  degrees  50  minutes  east  2669.5  feet 
to  a  stone  at  the  quarter  corner  between  Sections  7  and  8;  thence  no»h- 
84  degrees  49  minutes  west  1291.1  feet  to  an  iron  pin  at  the  quarter 
quarter  corner  between  the  north  east  quarter  and  smith  east  quarter  of 


CITY  LIMITS 


33 


Section  7 ;  thence  north  5  degrees  30  minutes  east  3759  feet  on  the  quarter 
quarter  line  to  an  iron  pin  at  North  west  corner  of  the  grounds  of  the 
Stark  County  Agricultural  Society;  thence  south  84  degrees  41  minutes 
east  1288  feet  to  the  section  line  between  Sections  5  and  6;  thence  north 
5  degrees  39  minutes  east  1582  feet  to  a  stake  where  the  center  line  of 
Lake  Street  intersects  with  said  section  line,  it  being  also  the  quarter 
corner  between  Sections  5  and  6;  thence  south  84  degrees  ^  minutes  easi 
2700.5  feet  with  the  center  of  Lake  Street  and  the  quarter  section  line  of 
Section  5  to  an  iron  pin  in  Harrison  Avenue  and  at  the  center  of  Section 
5 ;  thence  north  4  degrees  57  minutes  east  on  the  present  corporation 
line  and  the  quarter  quarter  line  of  Section  5,  2704  feet  to  an  iron  pin  in 
the  Township  line  between  Plain  and  Canton  townships ;  thence  south  85 
degrees  4  minutes  east  2973.8  feet  with  said  township  line  to  a  stone  at  the 
northeast  corner  of  Section  5;  thence  north  4  degrees  51  minutes  east 
2668  feet  to  a  stone  at  the  quarter  corner  between  Sections  32  and  33, 
Township  11,  Range  8;  thence  south  85  degrees  6  minutes  east  2664.5  ^eet 
to  a  stone  at  the  center  of  Section  33 ;  thence  south  4  degrees  49  minutes 
west  1352  feet  to  a  stake  at  the  quarter  quarter  corner  between  the  soutn- 
west  and  south-east  quarters  of  Section  33 ;  thence  south  85  degrees  5 
minutes  east  5319.3  feet  to  a  stake  in  center  of  St.  Elmo  Street  and  the 
quarter  quarter  corner  between  the  south-west  and  south-east  quarters 
of  Section  34;  thence  south  85  degrees  10  minutes  east  3354.9  feet  to  a 
stake ;  thence  south  4  degrees  50  minutes  west  1320  feet  to  a  stake  in  center 
of  Bell  Avenue  at  intersection  of  Bell  Avenue  and  Edward  Avenue ;  thence 
south  85  degrees  10  minutes  east  1701.5  feet  to  a  stone  at  north-east  corner 
of  Crystal  Park  addition;  thence  south  85  degrees  10  minutes  east  242.8 
feet  to  a  stone  at  quarter  corner  between  Section  35,  Township  11,  Range 
8  and  Section  2,  Township  10,  Range  8.    (April  17,  1905.) 

73  -Duties  of  Solicitor. 

Sec.  73.  That  the  Solicitor  be,  and  he  is  hereby  authorized  to  prose- 
cute the  proceedings  necessary  to  effect  such  annexation.    (April  17,  1905.) 


CHAPTER  X. 


CITY  OFFICERS. 


MAYOR. 

Section. 

74.  Bond,  salary  and  fees. 

75.  Jurisdiction. 

76.  Docket. 

77.  Powers. 

78.  Power  to  fine  and  imprision. 

79.  To  issue  licenses  and  permits. 

80.  Mayor  to  pay  money  to  City  Treasurer. 

81.  To  turn  over  docket  and  business  to  suc- 
cessor. 

82.  Fees. 

CITY  SOLICITOR. 

83.  Bond,  duties  and  salary. 

CITY  AUDITOR. 

84.  Bond,  duties  and  salary. 

85.  Approval  and  record  of  bond. 

86.  Certified  copies  of  bond. 

CITY  TREASURER. 

87.  Bond,  duties  and  salary, 

PRESIDENT  OF  THE  COUNCIL. 

88.  Bonds,  duties  and  salary. 


COUNCIL. 

Section. 

89.  Composition,  Qualifications. 

90.  Term  of  office. 

91.  Bond  and  salary. 

DEPARTMENT  OF  PUBLIC  SERVICE. 

92.  Bond,  duties  and  salary. 

DEPARTMENT  OF  PUBLIC  SAFETY. 

93.  Number  and  appointment. 

94.  Bond,  duties  and  salary. 

CITY  CIVII,  ENGINEER. 

95.  Maps,  charts,  etc. 

96.  Duties. 

97.  Reports  of  intrusions. 

98.  Annual  report. 

99.  Not  to  be  interested  in  contracts. 

GENERAL  PROVISIONS. 

100.  Oath. 

101.  Charges.  Issuing  and  serving  of  subpoenas 

102.  Witness  to  attend  and  answer. 


74— Mayor— Bond,  salary  and  fees. 

Sec.  74.  There  shall  be  a  Mayor  for  the  City  of  Canton, 
who  shall  be  elected  for  a  term  of  two  years,  and  shall  serve 
until  his  successor  has  been  elected  and  qualified.  He  shall  -be 
an  elector  of  the  corporation  and  before  entering  upon  the 
duties  of  his  office,  he  shall  take  the  oath  required  by  law,  and  give  bond 
to  the  approval  of  the  Council  in  the  sum  of  Five  Thousand  Dollars 
($5,000.00),  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office  and  the  punctual  payment  to  the  proper  officer  of  all  moneys  that 
may  come  into  his  hands  in  his  official  capacity.  The  oath  of  office  herein 
required  shall  be  endorsed  upon  his  bond,  and  said  bond,  so  endorsed, 
shall  be  deposited  with  the  City  Auditor  to  be  by  him  recorded  in  a  book 
kept  for  the  purpose  of  recording  the  bonds  of  City  Officers,  and  the  said 
Auditor  shall  file  and  carefully  preserve  the  original  bond. 

The  Mayor  shall  receive  a  salary  of  Three  Thousand  Dollars  ($3,000.00) 
per  annum,  payable  monthly,  and  he  shall  have  an  office  provided  for  him 


CITY  OFFICERS 


35 


in  the  City  Hall  building,  and  in  addition  to  the  duties  enjoined  upon  him 
by  statute,  he  shall  issue  all  notices  and  comply  with  all  orders  of  the  City 
Council  and  cause  the  same  to  be  served. 

All  fees,  and  costs  collected  by  the  Mayor  in  cases  brought  for  the 
violation  of  City  ordinances,  shall  belong  to  said  city  of  Canton  and  shall 
be  paid  into  the  city  treasury  monthly,  and  he  shall  report  to  council  once 
each  month,  the  amount  of  fees  and  costs  so  collected.    (October  16,  1905.) 

75—  Jurisdiction. 

Sec.  75.  The  Mayor  when  qualified,  as  is  provided  in  the 
first  section  of  this  chapter,  shall  have,  within  the  limits  of  the  city,  all 
the  jurisdiction  and  powers  of  a  Justice  of  the  Peace  in  all  matters  criminal 
and  civil  arising  under  the  laws  of  the  state,  and  he  shall  have  exclusive 
original  jurisdiction  in  all  prosecutions  for  violations  of  the  city  ordinances, 
and  may  award  and  issue  any  process  or  not,  according  to  the  rules  and 
principles  of  law,  which  may  be  necessary  to  enforce  the  administration  of 
right  and  justice  throughout  the  city,  and  for  the  lawful  exercise  of  his 
jurisdiction.    (February  11,  1861.) 

76—  Docket. 

Sec.  76.  The  Mayor  shall  keep  a  docket,  to  be  provided  at  the 
expense  of  the  city,  wherein  he  shall  enter  the  title  of  every  action 
or  prosecution  arising  under  any  of  the  city  ordinances  for  a  violation 
thereof,  the  filing  of  the  affidavit,  if  any,  and  by  whom  it  is  made,  the 
date  of  the  writ,  (if  any  be  issued),  and  of  its  return,  the  appearance  of  the 
defendant,  the  names  of  the  witnesses  subpoenaed,  every  adjournment, 
and  on  whose  motion ;  when  a  jury  is  demanded,  the  demand  must  be 
stated,  together  with  the  names  of  the  jurors  summoned  and  the 
time  for  the  trial,  the  names  of  the  jurors  sworn,  and  the  names  of  all 
the  winesses  sworn  and  by  whom  called;  the  exceptions  to  the  rulings 
of  the  Mayor  on  questions  of  law  taken  by  either  party ;  the  verdict  of  the 
jury,  when  rendered,  and,  if  the  jury  disagree  and  are  discharged,  that 
fact  must  be  stated ;  the  judgment  of  the  Mayor,  specifying  the  items  of 
cost  included  and  the  time  when  rendered ;  the  issuing  of  every  execution 
and  renewal  thereof,  if  any,  and  the  return  thereof;  a  statement  of  any 
money  received  by  the  Mayor  and  to  who>m  he  paid  it,  and  the  giving  of  a 
transcript,  if  any  be  demanded.    (February  11,  1861.) 


36  REVISED  ORDINANCES 


77—  Powers. 

Sec.  77.  The  Mayor  shall  be  the  conservator  of  the  peace 
throughout  the  city,  and  may,  for  the  preservation  of  the  peace  and  good 
order  thereof,  on  view,  order  the  arrest  of  any  person  or  persons  in  the  act 
of  violating  any  ordinances  of1  the  City  of  Canton,  Ohio,  or  disturbing 
the  peace  and  good  order  of  said  city,  to  be  brought  before  him  forth- 
with for  trial ;  and  he  shall  see  that  all  the  ordinances  in  force  are  faithfully 
executed ;  provided  further  that  in  case  of  riot  or  other  like  emergency, 
the  Mayor  shall  have  power  to  appoint  additional  patrolmen  and  officers 
for  temporary  service  (who  need  not  be  in  the  classified  list  of  such  de- 
partment), the  number  of  which  shall  be  determined  by  resolution  of  the 
Board  of  Public  Safety,  but  the  length  of  time  for  which  such  additional 
officers  or  patrolmen  shall  be  employed  shall  be  limited  to  the  time  during 
which  such  emergency  may  exist.    (June  5,  1906.) 

78—  Power  to  fine  and  imprison. 

Sec.  78.  The  Mayor  shall,  whenever  any  person  or  persons 
shall  be  convicted  before  him  for  the  violation  of  any  of  the  city 
ordinances,  assess  such  fine  as  is  therein  provided  for  the 
offense,  tax  the  costs  of  prosecution,  including  the  costs  of  the  Mayor, 
witnesses,  and  jurors,  and  issue  execution  therefor  against  the  party  so 
convicted,  and  also  such  order  for  punishment  by  imprisonment  with  or 
without  labor,  as  is  provided  in  the  ordinances  for  the  offense  and  deliver 
the  same  to  the  Chief  of  Police,  who  shall  receive  and  execute  the  same 
as  is  by  law  required  of  constables  in  similar  cases,  and  make  return  ac- 
cording to  the  demand  thereof,  and  pay  over  any  money  which  he  shall 
have  collected,  to  the  Mayor.    (June  18,  1906.) 

79—  To  issue  licenses  and  permits. 

Sec.  79.  The  Mayor  is  hereby  authorized  and  required  to 
grant  all  licenses  and  issue  all  permits  provided  for  in  the  city 
ordinances,  except  as  otherwise  provided,  to  persons  applying 
therefor  agreeably  to  the  provisions  of  the  ordinances,  on  receiving 
from  such  persons  the  sum  fixed  for  such  license  or  permit,  and 
the  fees  for  issuing  the  sanu\  subject  to  such  restrictions  as  now  are,  or 
hereafter  may  be  provided  by  the  city  ordinances  in  force  on  the  subject 
to  which  such  license  or  permit  relates.    (February  II,  1861.) 


CITY  OFFICERS 


37 


80 —  Mayor  to  pay  money  to  City  Treasurer. 

Sec.  80.  It  shall  be  the  duty  of  the  Mayor  forthwith  to 
pay  over  to  the  City  Treasurer  all  moneys  by  him  collected  for 
the  use  of  the  city,  and  take  duplicate  receipts  therefor,  in 
which  it  shall  be  specified  on  what  account  said  moneys  were 
collected,  whether  for  fines  and  costs,  licenses  or  permits,  and  for  what 
purpose  the  licenses  or  permits  were  granted,  or  for  moneys  collected  in 
civil  actions  in  favor  of  the  city,  one  of  which  receipts  he  shall  deposit 
with  the  City  Auditor. 

81 —  To  turn  over  docket  and  business  to  successor. 

Sec.  81.  The  Mayor,  upon  the  expiration  of  his  term  of 
office,  shall  deposit  with  his  successor,  his  official  docket,  as 
well  his  own  as  those  of  his  predecessors  which  may  be  in 
his  custody,  together  with  all  files  and  papers,  laws  and  statutes 
pertaining  to  his  office,  there  to  be  kept  as  public  records  and 
property ;  and  the  successor  of  the  Mayor  to  whom  such  docket  and 
papers  shall  be  delivered  is  hereby  authorized  to  proceed  with  any  pro- 
ceedings, actions  or  business  commenced  by  his  predecessor  and  which 
was  not  fully  determined  at  the  time  when  his  terim  of  office  expired  and 
complete  and  determine  the  same  as  if  such  proceedings,  actions  or  busi- 
ness had  been  commenced  before  such  person  to  whom  such  docket  and 
papers  had  been  delivered.    (February  11,  1861.) 

82—  Fees. 

Sec.  82.  The  Mayor  shall  charge  and  receive  in  all  prosecutions 
under  the  ordinances,  the  same  fees  as  are  allowed  to  Justices  of  the 
Peace  for  similar  services  under  the  laws  of  the  state  and  for  each 
license  or  permit  to  be  paid  by  the  person  applying  therefor  the  sum  ol 
twenty-five  cents.    (June  18,  1906.) 

83—  City  Solicitor— Bond,  duties  and  salary. 

Sec.  83.  There  shall  be  for  the  City  of  Canton,  a  City 
Solicitor,  who  shall  be  elected  for  a  term  of  two  years  and 
shall  serve  until  his  successor  is  elected  and  qualified ;  he  shall 
be  an  elector  of  the  city  and  admitted  to  practice  law  in  the  State 
of  Ohio.  The  powers  and  duties  of  the  City  Solicitor  shall  be  such  as  are 
required  by  the  laws  of  the  State  of  Ohio,  and  shall  prepare  all  contracts, 
bonds  and  other  instruments  in  writing  in  which  the  city  is  concerned,  and 


38 


REVISED  ORDINANCES 


shall  serve  the  several  directors  and  officers  mentioned  in  the  new 
municipal  code  as  legal  counsel  and  attorney.  He  shall  appear  in  all  civil 
suits,  prosecuted  or  defended  by  the  city.  He  shall  also  be  the  prosecuting 
attorney  of  the  police  court,  and  as  such  prosecuting  attorney  shall  be 
governed  by  the  laws  of  the  state  in  such  case  made  and  provided. 

Before  entering  upon  the  duties  of  his  office,  he  shall  execute  a  surety 
company  bond  in  the  sitm  of  Five  Thousand  Dollars  ($5,000.00),  to  be 
approved  by  the  Mayor  and  Council,  and  shall  receive  as  compensation 
for  his  services  a  salary  of  Two  Thousand  Dollars  ($2,000.00)  per  annum, 
payable  monthly.    (January  19,  1903.) 

84 —  City  Auditor — Bond,  duties  and  salary. 

Sec.  84.  There  shall  be  for  the  City  of  Canton,  a  City 
Auditor  who  shall  be  elected  for  a  term  of  three  years  and 
shall  serve  until  his  successor  is  elected  and  qualified.  He 
shall  be  an  elector  of  the  corporation  and  shall  perform  all  duties 
required  of  him  by  the  laws  of  the  State  of  Ohio.  Said  City  Auditor 
shall  upon  his  election,  and  before  entering  upon  the  duties  of  his  office, 
execute  a  surety  company  bond  to  be  approved  by  the  Mayor  and  Council 
of  the  City  of  Canton,  in  the  sum  of  Five  Thousand  Dollars  ($5,000.00). 
There  shall  be  provided  by  the  Council  for  said  City  Auditor  a  seal  in  the 
center  of  which  shall  be  the  words,  "  The  City  of  Canton,"  and  around 
the  margin  the  words  "  City  Auditor  "  and  an  impression  of  the  seal  shall 
be  affixed  to  all  transcripts,  orders,  certificates  and  other  papers  requiring 
authentication. 

Said  Auditor  shall  receive  a  salary  of  Sixteen  Hundred  Dollars 
($1600.00)  per  annum,  payable  monthly.    (January  19,  1903.) 

85 —  Approval  and  record  of  bonds. 

Sec.  85.  Whenever  any  bond  shall  be  presented  to  the  City  Council 
to  be  approved,  and  the  Council  shall  approve  the  same,  it  shall  be  and 
hereby  is  made  the  duty  of  the  City  Auditor  to  make  a  true  copy  of  such 
bond  so  approved  as  aforesaid,  upon  his  record.    (June  18,  1906.) 

86—  Certified  copies  of  bonds. 

Sec.  86.  In  case  any  bond  so  approved  and  recorded  as 
prescribed  in  Section  eighty-five  of  this  chapter  be  lost,  the 
City  Auditor  shall,  upon  application  to  him  by  any  party  interested, 
make  out  a  certified  copy  of  his  record  of  such  bond,  which  record,  authem 


CITY  OFFICERS 


3') 


ticated  by  his  official  seal,  shall  be  deemed  and  taken  in  any  suit  which 
may  be  brought  thereon,  as  prima  facie  evidence  of  the  existence  of  such 
bond,  and  of  the  obligation  of  the  parties  thereto,  in  all  courts  having 
jurisdiction.    (June  18,  1906.) 

87—  City  Treasurer— Bond,  duties  and  salary. 

Sec.  87.  There  shall  be  for  the  City  of  Canton  a  Treasurer  who  shall 
be  elected  for  a  term  of  two  years,  and  shall  serve  until  his  successor  is 
elected  and  qualified ;  he  shall  be  an  elector  of  the  corporation,  and  shall 
have  all  the  powers  and  perform  all  the  duties  required  by  law. 

He  shall,  before  entering  upon  the  performance  of  his  duties,  give  a 
surety  company  bond  to  the  approval  of  the  Mayor  and  City  Council  in 
the  sum  of  Two  Hundred  Thousand  Dollars  ($200,000.00)  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  and  for  the  proper  pay- 
ment of  all  moneys  received  by  him,  which  bond  shall  be  deposited  with 
the  City  Auditor  and  by  him  recorded  in  a  book  provided  for  the  recording 
of  bonds  of  the  City  Officers,  and  said  Auditor  shall  file  and  carefully  pre- 
serve the  original  bond,  and  the  cost  of  said  bond  shall  be  paid  out  of  the 
City  Treasury. 

He  shall  receive  a  salary  of  Twelve  Hundred  Dollars  ($1200.00)  per 
annum,  payable  monthly.    (October  16,  1905.) 

88—  President  of  the  Council— Bond,  dutes  and  salary. 

Sec.  88.  There  shall  be  a  President  of  Council  of  the  City 
of  Canton  who  shall  be  elected  for  a  term  of  two  years  in  the 
manner  provided  by  law,  and  shall  serve  until  his  successor  has 
been  elected  and  qualified.  He  shall  be  an  elector  of  the  cor- 
poration and  shall  preside  at  all  regular  and  special  meetings 
of  the  Council,  but  shall  have  no  vote  therein,  except  in  case  of 
a  tie.  When  the  Mayor  is  absent  from  the  City,  or  is  unable  for  any  cause 
to  perform  his  duties,  the  President  of  the  Council  shall  be  the  acting 
Mayor.  In  case  of  the  death,  resignation  or  removal  of  the  Mayor  the 
President  of  the  Council  shall  become  the  Mayor  and  serve  for  the  unex- 
pired term  and  until  the  successor  is  elected  and  qualified.  Provided,  that 
while  the  President  of  the  City  Council  is  acting  as  Mayor,  he  shall  not 
serve  as  President  of  the  Council. 

The  President  of  the  Council  shall  receive  a  salary  of  Five  Hundred 
Dollars  ($500.00)  per  annum,  payable  monthly,  and  shall  give  bond  with 


40 


REVISED  ORDINANCES 


sufficient  surely  to  the  approval  of  the  Mayor  and  the  Council  of  the 
City  of  Canton,  conditioned  for  the  faithful  performance  of  his  duties  m 
the  sum  of  One  Thousand  Dollars  ($1,000.00),  said  bond  to  be  paid  for  out 
of  the  City  Treasury.      (January  19,  1903.) 

89—  Council— Composition— Qualification. 

Sec.  89.  There  shall  be  in  the  City  of  Canton  a  Council 
to  consist  of  nine  members,  six  of  whom  shall  be  elected 
from  wards  in  the  City  and  three  shall  be  elected  at  large; 
that  all  such  councilmen  shall  be  elected  in  the  manner  provided  by  law 
and  that  they  shall  be  electors  of  the  City  of  Canton  and  not  hold  any  other 
public  office  or  employment  except  that  of  Notary  Public  or  member  of 
the  State  Militia,  and  shall  not  be  interested  in  any  contract  with  the  City, 
and  all  such  councilmen  at  large  shall  have  resided  in  the  City  of  Canton, 
and  councilmen  from  wards  shall  have  resided  in  their  respective  waras 
for  at  least  one  year  preceding  their  election.    (January  19,  ^903.) 

90—  Term  of  office. 

Sec.  90.  At  the  first  election  hereunder,  all  councilmen  who 
are  elected  from  wards  of  odd  numbers,  beginning  with  Ward 
No.  1,  shall  be  elected  for  one  year,  and  those  elected  from  wards  of  even 
number,  shall  be  elected  for  two  years,  and  at  the  expiration  of  their 
respective  terms,  their  successors  shall  be  elected  for  terms  of  two  years ; 
and  at  the  first  election  hereunder,  there  shall  be  one  councilman  at  large 
elected  for  a  term  of  one  year  and  two  councilmen  at  large  elected  for 
terms  of  two  years  each,  and  at  the  expiration  of  their  respective  terms 
their  successors  shall  be  elected  for  terms  of  two  years.    (Jan.  19,  1903.) 

91—  Bond  and  salary. 

Sec.  91.  Each  of  said  councilmen  shall  give  a  surety  com- 
pany bond  in  the  sum  of  Five  Hundred  Dollars  ($500.00),  said 
bond  to  be  paid  for  out  of  the  City  Treasury.  Each  councilman  elected 
as  herein  provided,  shall  receive  a  salary  of  One  Hundred  and  Fifty 
Dollars  ($150.00)  per  annum,  payable  semi-monthly,  and  a  proportionate 
reduction  in  such  salaries  shall  be  made  for  the  non-attendance  of  any 
member  upon  any  regular  or  special  meeting  of  the  City  Council.  (Janu- 
uary  19,  1903.) 

92—  Department  of  Public  Service— Bond,  duties  and  salary. 

Sec.  92.  There  shall  be  a  departmenl  of  public  service  which 
shall    be    administered    by    three    directors,    such    directors    shall  or- 


CITY  OFFICERS 


41 


ganize  as  a  board  to  be  known  as  the  Board  of  Public  Ser- 
vice. All  of  such  directors  shall  be  electors  of  the  City  of 
Canton,  and  shall  be  elected  for  a  term  of  two  years  and  shall 
serve  until  their  successors  are  elected  and  qualified.  Such  Board  of 
Public  Service  and  the  Directors  thereof  shall  have  all  the  powers  and 
perform  all  the  duties  imposed  upon  such  board  and  such  directors  by  the 
laws  of  the  State  of  Ohio,  and  before  entering  upon  their  duties  each  of 
such  directors  shall  execute  surety  company  bonds  to  the  approval  of  the 
Mayor  and  Council  of  said  city,  conditioned  for  the  faithful  performance 
of  their  duties  as  such  directors  in  the  sum  of  Five  Thousand  Dollars 
($5,000.00.) 

Each  one  of  said  directors  of  public  service  shall  receive  a  salary  of 
One  Thousand  Dollars  ($1,000.00)  per  annum,  payable  monthly.  (January 
I9»  1903) 

93—  Department  of  Public  Safety — Number  and  appointment. 

Sec.  93.  There  shall  be  in  the  City  of  Canton,  a  Depart- 
ment of  Public  Safety,  which  shall  be  administered  by  four 
directors,  said  directors  of  public  safety  shall  be  electors  of 
the  City  of  Canton  well  known  for  their  intelligence  and  in- 
tegrity, and  shall  be  appointed  by  the  Mayor  with  the  advice  and 
consent  of  two-thirds  of  the  council  for  terms  of  four  years  each,  one-half 
of  said  directors  being  appointed  by  said  mayor,  at  the  first  appointment, 
for  a  period  of  two  years,  and  the  remainder  for  a  period  of  four  years 
and  thereafter  all  such  appointments  shall  be  for  four  years,  and  each  ot 
said  directors  shall  serve  until  his  successor  has  been  appointed  and  quali- 
fied. Not  more  than  one  half  of  the  number  of  directors  of  public  safety 
shall  belong  to  the  same  political  party. 

If  at  any  time  appointments  to  be  made  by  the  Mayor  as  provided  in 
this  ordinance  are  not  made,  or  not  confirmed  within  thirty  days  after  the 
time  when  such  appointment  should  be  made  according  to  law,  or  if  any 
vacancy  in  the  office  of  a  director  of  public  safety  be  not  filled  within  thirty 
days  from  the  happening  of  such  vacancy,  then  in  either  event,  the 
Governor  of  the  State  of  Ohio  shall  make  such  appointment  or  fill  such 
vacancy  by  appointment  for  the  term  as  is  herein  provided  to  be  made  by 
the  Mayor.    (January  19,  1903.) 

94—  Bond,  duties  and  salary. 

Sec.  94.  The  directors  of  Public  Safety  herein  provided  for, 
shall   organize   as   a   board   to    be    known   as    the    Board    of  Public 


42 


REVISED  ORDINANCES 


Safety,  and  before  entering  upon  the  duties  of  their  office,  each 
of  said  directors  shall  execute  a  surety  bond  to  the  approval  of  the 
Mayor  and  the  Council  in  the  sum  of  One  Thousand  Dollars  ($1,000.00), 
conditioned  for  the  faithful  performance  of  their  duties  as  such  directors 
of  the  board  of  public  safety ;  said  board  shall  elect  each  year  one  of  its 
members  to  act  as  president,  and  it  shall  require  a  majority  of  the  members 
of  such  board  to  constitute  a  quorum  or  to  pass  any  measure  which  it  may 
enact.  Each  of  said  directors  of  public  safety  shall  receive  a  salary  of 
Two  Hundred  and  Fifty  Dollars  ($250.00)  per  annum,  payable  monthly. 
(January  19,  1903.) 

95—  City  Civil  Engineer— Maps,  charts,  etc. 

Sec.  95.  The  City  Civil  Engineer  shall  have  charge  of  all 
the  engineering  and  surveying  instruments  belonging  to  the  city 
and  all  public  maps,  charts,  draughts,  plans,  profiles,  surveys, 
books  and  papers  pertaining  to  his  office  and  shall  cause  the 
same  to  be  correctly  recorded  in  suitable  books,  provided  at  the  ex- 
pense of  the  city,  which,  together  with  the  field  notes  of  all  surveys,  shall 
be  carefully  preserved  in  the  engineer's  office  as  the  property  of  the  City. 
(June  18,  1906.) 

96—  Duties  of  City  Civil  Engineer. 

Sec.  96.  The  City  Civil  Engineer  shall  make  surveys  of  all 
streets,  sidewalks,  alleys,  lanes  , market  spaces,  public  grounds, 
sewers  and  drains  of  the  City,  calculate  and  ascertain  the  grade 
lines  and  levels  thereof,  and  execute  and  record  such  plans, 
charts,  profiles,  draughts,  estimates  and  calculations  as  shall  be 
necessary  for  a  complete  record  and  history  thereof,  and  of  the  changes 
and  improvements  made  therein  from  time  to  time,  and  in  making  such 
surveys  the  Engineer  shall  be  guided  and  governed  so  far  as  practicable 
by  the  recognized  land  marks  and  records  in  existencxe  and  by  the  pro- 
visions of  an  ordinance  entitled,  "  An  ordinance  to  establish  a  City  bench 
mark."  He  shall  make  such  surveys,  plans,  draughts  and  estimates  of  the 
public  works  and  improvements  as  may  be  required  of  him  by  the  city 
council  or  any  committee'  thereof,  or  by  the  Mayor  or  City  Solicitor  for 
prosecuting  or  defending  any  action  in  which  the  city  is  interested,  and 
shall  superintend  all  public  works  and  improvements  and  see  that  the 
same  arc  properly  made.    (August  12,  i88<>.) 


CITY  OFFICERS 


43 


97—  Reports  of  intrusions. 

Sec.  97.  He  shall  report  to  the  city  council  all  intrusions 
over  the  line  of  any  street,  alley  or  public  ground  by  building 
fences  or  otherwise,  which  shall  come  to  his  knowledge,  and  it  shall 
be  his  duty  to  take  cognizance  of  new  buildings  being  erected  on  the 
line  of  any  street,  alley  or  public  ground,  and  ascertain  whether  or  not 
such  building  or  buildings  do  encroach  upon  any  of  said  streets,  alleys  or 
public  grounds  and  in  all  cases  of  such  encroachment,  he  shall  immedi- 
ately report  the  same  to  the  city  council.    (August  12,  1889.) 

98—  Annual  report. 

Sec.  98.  It  shall  be  the  duty  of  the  City  Civil  Engineer  to 
report  annually  to  the  City  Council  on  the  fourth  Monday  in 
March,  which  report  shall  give  a  detailed  statement  of  all  city  improve- 
ments for  the  current  year  ending  on  the  third  Monday  of  March,  done 
under  his  direction  or  supervision,  showing  the  cost  of  such  improvement 
and  the  amount  paid  by  the  city,  and  the  amount  assessed  upon  the 
abutting  property,  together  with  a  detailed  statement  of  all  the  business 
of  his  office  and  expenses  of  his  department,  and  such  other  matters  in  the 
way  of  suggestions  or  recommendations  as  to  future  improvements  as  he 
may  deem  proper.    (August  12,  1889.) 

99—  Not  to  be  interested  in  contracts. 

Sec.  99.  The  City  Civil  Engineer  or  his  assistants  shall  not  in  any 
way  be  interested  in  the  profits  or  payments  on  any  contract,  job  or  work 
to  be  performed  by,  or  for  the  city,  or  under  its  direction.  (August  12, 
1889.) 

100—  Oath  of  office  of  officers. 

Sec.  100.  All  said  officers  shall,  before  entering  upon  their  duties, 
take  an  oath  to  support  the  Constitution  of  the  United  States  and  the 
State  of  Ohio,  and  to  faithfully  discharge  the  duties  of  their  office.  (Febru- 
ary 26,  1883.) 

101—  Charges — Issuing  and  serving  of  subpoenas. 

Sec.  1 01.  When  charges  against  the  members  of  the  City  Council  or 
other  officers  of  the  corporation,  or  any  other  matters  that  it  may  deem 
proper,  are  being  investigated  by  the  council  or  any  committee 
composed  of  the  members  thereof,  duly  appointed  for  such  pur- 
pose,   the    council    or    such    committee,    as    the    case    may    be,  may, 


44 


REVISED  ORDINANCES 


when  in  its  opinion  necessary,  issue  such  subpoenas  or  com- 
pulsory process  to  compel  the  attendance  of  persons  and  the 
production  of  books  and  papers  before  council  or  such  committee,  and 
such  subpoena  or  cdmpulsory  process  shall  state  the  time  and  place  for  the 
attendance  of  such  witnesses  and  the  books  and  papers,  if  any,  that  he 
shall  produce,  and  shall  be  signed  by  the  President  of  the  Council,  if 
such  matter  is  being  investigated  by  the  Council,  or  the  chairman  of  such 
committee,  if  ^uch  matter  is  being  investigated  by  a  committee,  and  by  the 
Clerk  of  the  Council,  and  shall  be  issued  to  the  Chief  of  Police  for  service, 
and  he  shall  serve  and  return  the  same  to  the  Clerk  of  the  Council  in  like 
manner  as  is  provided  by  law  for  the  service  and  return  of  subpoenas  in 
civil  actions. 

102— Witnesses  to  attend  and  answer. 

Sec.  102.  Witnesses  so  subpoenaed  shall  attend  at  the  time 
and  place  specified  in  the  subpoena  and  shall  continue  in  attend- 
ance until  excused  by  the  council  or  such  committee,  and  shall 
answer  all  questions  pertinent  to  the  matter  being  investigated, 
and  shall  produce  such  books  and  papers  as  demanded  by  the 
council  or  such  committee ;  and  for  failure  to  obey  such  subpoena,  or 
refusal  to  be  sworn  or  to  answer  as  a  witness,  such  witnesses  shall  be 
proceeded  against  as  for  contempt.    (March  15,  1900.) 


CHAPTER  XL 


CITY  PRINTING. 


Section. 

103.  All  city  printing  to  bear  union  label. 

104.  Certain  provisions,  when  advertising. 


Section. 

105.    To   publish  ordinances,   etc.,  in  certain 
newspapers,  only. 


103—  All  city  printing  to  bear  union  label. 

Sec.  103.  All  printed  matter,  such  as  letter-heads,  envelopes, 
blank  books  (in  or  upon  which  printing  may  occur),  receipt 
books,  published  proceedings  (officially),  resolutions,  ordinances,  ad- 
vertisements, books,  pamphlets  and  all  other  printed  matter  ordered 
and  used  by  the  city,  the  various  departments  under  its  jurisdiction, 
such  as  board  of  elections,  mayor,  health,  sanitary,  fire,  and  all  other  de- 
partments where  printed  matter  is  used  and  which  is  paid  for  by  order  of 
the  City  Council,  shall  bear  the  union  label  of  the  International  Typo- 
graphical Union  or  North  America,  or  its  subordinate  union,  the  Canton 
Typographical  Union  No.  219,  of  Canton,  Stark  County,  Ohio. 

All  city  printing  herein  mentioned  shall  be  done  only  in  union  offices, 
and,  as  far  as  possible,  in  the  City  of  Canton,  Ohio,  and  where  purchased 
or  ordered  printed  in  cities  other  than  Canton,  Ohio,  that  it  be  so  ordered 
from,  or  printed  in  offices  under  the  jurisdiction  of  The  International 
Typographical  Union  or  its  local  subordinate  union.    (July  15,  1901.) 

104—  Certain  provisions,  when  advertising. 

Sec  104.  The  Clerk  of  the  Council  and  the  proper  officers  of  the 
various  departments  and  boards  under  the  jurisdiction  of  the  City  of 
Canton,  Ohio,  when  advertising  for  printing  as  designated  in  this  ordi- 
nance, shall  insert  in  each  and  all  such  advertisements  that  all  such  bids 
be  submitted  in  accordance  with  the  requirements  of  this  ordinance. 

105 —  To  publish  ordinances,  etc.  in  certain  newspapers  only. 

Sec.  105  All  advertisemens  and  ordinances,  proclamations, 
notices,  etc.,  as  specified  above,  required  by  law  to  be  published 
in  any  newspaper  in  said  city,  shall  be  published  in,  and  the 
contract   for   publishing   the   same   shall   be   let   to    such  newspapers 


46 


REVISED  ORDINANCES 


only  as  are  authorized  to  use  the  union  label  of  said  interna- 
tional or  subordinate  typographical  union.  No  newspaper  shall  be 
selected  by  the  Council  of  the  City  of  Canton,  Ohio,  as  an  official  adver- 
tising medium  of  said  city,  unless  such  newspaper  is  authorized  by  the 
said  Canton  Typographical  Union,  No.  219,  to  use  the  said  union  label. 
(July  15,  1901.) 


CHAPTER  XII 


CLAIMS. 


Section. 

106.  Detailed  accounts  required. 

107.  No  accounts  referred  or  paid  unless  made 


Section. 

108.    Cost  of  publishing  ordinances,  etc.,  to  be 


paid  by  person  asking  it. 
109.    Not  to  be  published  until  costs  paid. 


out  as  required. 


106 — Detailed  accounts  required. 

Section  106.  In  all  cases  when  work  or  material  shall  for  any  pur- 
pose, be  by  any  person  furnished  to  or  for  the  City  of  Canton,  the,  person 
so  furnishing  said  work  or  material,  or  either,  shall  be  required  to  make  out 
a  detailed  account  of  the,  items  of  such  labor  or  materials  or  both,  as  the 
case  may  be,  with  the  charge  of  each  item  set  opposite  the  same.    (June  22, 


107—  No  accounts  referred  or  paid  unless  made  out  as  required. 

Sec.  1 07., No  -  bill  or  account  shall  be  received  or  referred  to  any 
committee  for  approval,  and  no  bill  or  account  shall  be  paid  or  provided  for, 
until  the  same  shall  be  made  to  conform  to  the  requirements  of  this  ordi- 
nance.   (June  22,  1874.) 

108—  Cost  of  publishing  ordinances,  etc.,  to  be  paid  by  persons  for  whose  benefit 
it  was  passed. 

Sec.  108.  The  costs  and  expenses  incurred  in  the  advertising  and 
publication  of  any  and  all  ordinances,  notices,  or  resolutions  passed  by 
the  City  Council  for  and  in  behalf  of  any  private  person,  persons,  company 
or  corporation  prior  to  the  first  publication  of  the  same.    (Sept.  11,  1893.) 

109—  Not  to  be  published  until  costs  paid. 

Sec.  109.  The  Clerk  of  the  Council  is  hereby  authorized  and  directed 
not  to  publish,  advertise  or  cause  to  be  published  or  advertised  any 
resolution,  notice  or  ordinance  as  herein  provided  unless  the  costs  incident 
to  such  advertising  and  publication  be  first  paid  to  him.    (June  18,  1906.) 


1874.) 


CHAPTER  XIII. 


CRIMINAL  PROCEEDURE. 


Section. 

no.    How  criminal  prosecution  instituted  and 
conducted. 

in.    Warrants,  Recognizance,  Commitment  to 
city  prison. 


Section. 

112.  Civil  action  for  fine. 

113.  Ordinances,  how  enforced. 


1 10 —  Criminal  prosecution,  how  instituted  and  conducted. 

Section  no.  All  ordinances  of  the  city  for  the  violation  of  which  a 
fine  or  imprisonment,  or  both,  may  be  provided,  may  be  enforced  by  prose- 
cution before  the  Mayor,  in  the  nature  of  a  criminal  proceeding  in  the 
name  of  the  State  of  Ohio,  on  complaint  of  the  City  of  Canton,  and  shall 
be  instituted  upon  complaint,  upon  oath  or  affirmation,  and  the  style  of  all 
processes  in  such  cases  shall  be  "the  State  of  Ohio."    (May  18,  1874.) 

1 1 1 —  Warrants— Recognizance — Commitment  to  city  prison. 

Sec.  in.  Upon  the  filing  of  such  complaint  as  provided  for  in  the 
first  section  of  this  chapter,  warrant  shall  be  issued  fo<r  the  arrest  of  the 
accused,  and  recognizance  may  be  taken  by  the  Mayor  for  his  appearance 
at  the  trial  if  any  adjournment  be  had,  or  he  may  be  committed  to  the 
city  prison  in  default  of  recognizance,  as  in  examinations  before  magis- 
trates in  criminal  proceedings,  but  upon  the  conviction  of  any  such  ac- 
cused person,  the  Mayor  shall  fix  the  penalty  under  the  proper  ordinance, 
and  in  case  of  sentence  to  imprisonment,  such  accused  shall  be  com- 
mitted to  the  city  prison.    (May  18,  1874.) 

1 12—  Civil  action  for  fine. 

Sec.  112.  In  addition  to  the  prosecution  hereinbefore  provided  for, 
any  fine  incurred  for  the  violation  of  any  ordinance  may  be  recovered  by  a 
civil  action  in.  the  name  of  the  City  of  Canton  and  for  its  use  before  the 
Mayor  or  any  court  having  jurisdiction.    (May  18,  1874.) 

1 13—  Ordinances,  how  enforced. 

Sec-.  1  13.  All  ordinances  shall  be  enforced  by  proceedings  as  herein- 
before prov  ided,  unless  special  provision  has  been  or  may  be  made  in  an) 
ordinance.    (May  18,  1874.) 


CHAPTER  XIV. 


EXHIBITIONS,  SHOWS,  RINKS,  ETC. 


Section. 

114.  licenses  of  shows,  etc. 

115.  license  fee. 

116.  Lectures,  etc. 

117.  Exhibition  of  license.    Rights  of  Chief  of 
Police  and  Police. 

118.  Penalty. 


Section. 

119.  Annual  License. 

120.  Annual  license  only  in  certain  cases. 

121.  Effect  of  certain  sections. 

122.  License  to  skating  rinks. 

123.  License  to  skating  rinks. 


1 14—  Licenses  of  shows,  etc. 

Sec.  114.  It  shall  be  unlawful  for  any  person  or  persons  to  exhibit 
within  said  city  any  play,  farce,  show,  circus,  opera,  minstrel  or  theatrical 
performance,  menagerie,  panorama,  diorama,  painting,  sculpture,  musical 
entertainment,  concert  or  any  other  exhibition  of  whatever  name  or  nature, 
for  which  money  or  any  other  reward  is  in  any  manner  demanded  or  re- 
ceived without  first  having  had  and  obtained  from  the  Mayor  of  said  city, 
at  his  office,  a  license  or  permit  for  that  purpose,  which  said  license  or 
permit  shall  express  for  what  it  is  granted  and  the  time  it  is  to  continue. 
(February  13,  1882.) 

115 —  License  fee. 

Sec.  115.  The  Mayor  shall  not  issue  and  deliver  such  license  or  per- 
mit to  any  person'  or  persons  until  he  has  received  for  the  use  of  the  city 
the  following  sums  therefore,  to-wit :  For  any  play,  opera,  theatre,  min- 
strel, or  theatrical  performance,  concert  or  musical  entertainment,  where 
the  maximum  admission  fee,  including  extra  charge  for  reserved  seats 
be  chargel  for  single  seats  for  such  play,  opera,  theatre,  minstrel  or  theatri- 
cal performance,  concert  or  musical  entertainment  does  not  exceed  twenty- 
five  cents,  one  dollar  shall  be  charged,  where  it  is  over  twenty-five  cents, 
and  does  not  exceed  fifty  cents,  three  dollars  shall  be  charged ;  where  it  is 
over  fifty  cents  and  does  not  exceed  seventy-five  cents,  five  dollars  shall  be 
charged ;  where  it  is  over  seventy-five  cents,  and  does  not  exceed  one 
dollar,  ten  dollars  shall  be  charged  ;  where  it  is  over  one  dollar  fifteen 
dollars  shall  be  charged ;  for  any  circus,  menagerie  of  animals  or  show, 
not  less  than  twenty-five  nor  more  than  fifty  dollars  for  each  day  or  night 


50 


REVISED  ORDINANCES 


of  performance ;  for  any  panorama,  diorama,  exhibition  of  painting  or 
statuary,  not  less  than  one  dollar  nor  more  than  five  dollars  for  each  and 
every  day  and  night  of  exhibition  thereof ;  and  for  all  other  exhibitions  or 
performances  for  gain,  not  herein  specified,  not  less  than  one  dollar  nor 
more  than  ten  dollars  for  each  day  and  night  performance,  or  exhibition. 
(February  13,  1882.) 

1 16—  Lectures,  etc. 

Sec.  116.  For  lectures  on  scientific,  historical,  or  literary  subjects, 
no  license  or  permit  shall  be  required.    (February  13,  1882.) 

1 17—  Exhibition  of  license— Rights  of  Chief  of  Police  and  Police. 

Sec.  117.  Upon  demand  being  made  by  the  Chief  of  Police,  or  any 
police  officer  of  said  city,  of  any  person  or  persons  exxhibiting  any  show 
or  performance  of  any  kind  contemplated  by  section  114  of  this  ordinance 
to  see  the  license  or  permit  issued  to  such  person  or  persons  by  the  Mayor 
of  said  city  authorizing  the  exhibition  of  such  show  or  performance,  and 
upon  refusal  of  such  person  or  persons  to  exhibit  such  license  or  permit  to 
said  Chief  of  Police  or  other  police  officer  of  said  city,  the  said  refusal  shall 
be  prima  facia  evidence  that  said  person  or  persons  has  not  obtained  such 
license  or  permit  from  the  Mayor  as  is  required  by  this  ordinance,  for 
which  purpose,  and  also  for  the  purpose  of  preserving  good  order,  said, 
Chief  of  Police  or  police  officer  of  said  city  shall  have  the  right  of  ingress 
and  egress  to  and  from  such  place  or  places  of  exhibition  or  performance. 
(June  18,  1906.) 

118—  Penalty. 

Sec.  118.  Any  person  violating  any  provision  of  sections  114,  115 
and  117  of  this  chapter  shall,  on  conviction  thereof,  be  fined  in  any  sum  not 
less  than  five  nor  more  than  fifty  dollars,  or  be  imprisoned  in  the  city 
prison  not  exceeding  ten  days,  or  by  such  fine  and  imprisonment  both, 
at  the  discretion  of  the  Mayor.    (February  13,  1882.) 

1 1 9—  Annual  license. 

Sec.  119.  The  Mayor  is  hereby  authorized,  empowered  and  directed 
to  license  any  public  hall,  opera  house,  theatre,  or  other  room  within  the 
City  of  Canton,  Ohio,  wherein  is  sold  or  exhibited  any  theatrical  per- 
formance, concert,  panorama,  drama,  literary  or  musical  performance  for 
one  year  upon  the  application  of  the  proprietor,  owner,  lessee  or  manager 
thereof  and  the  payment  of  fifty  ($50)  dollars,  and  to  renew  said  license 


EXHIBITIONS,  SHOWS,  RINLS,  ETC. 


51 


annually  upon  a  like  application  by  the  proprietor,  owner,  lessee  or  man- 
ager, and  the  payment  of  a  like  sum  of  fifty  ($50)  dollars  each  and  every 
year.    (August  7,  1882.) 

1 20—  Annual  license  only  in  certain  cases. 

Sec.  120.  No  person  or  persons  holding  or  exhibiting  any  theatrical, 
literary  or  musical  performance,  concert,  panorama  or  drama,  in  any 
licensed  public  hall,  opera  house,  theatre  or  room,  shall  be  required  to 
take  out  a  license  therefor  as  required  by  the  ordinance  to  which  this  is 
supplementary.    (August  7,  1882.) 

121—  Effect  of  certain  sections. 

Sec.  121.  The  foregoing  sections  119  and  120  of  this  chapter  shall  in 
no  wise  affect  or  impair  the  force  and  validity  of  the  provisions  of  sections 
114  and  115  of  this  chapter,  except  as  provided  in  said  sections  119  and 
120.    (August  7,  1882.) 

122—  License  to  skating  rinks. 

Sec.  122.  It  shall  be  unlawful  for  any  person  or  persons  to  let  for 
use  or  to  allow  to  be  used  for  hire  or  profit  to  other  persons  generally, 
within  the  limits  of  said  city,  for  the  purpose  of  roller  skating  therein  by 
such  persons  generally,  any  part  or  the  whole  of  place  or  building  com- 
monly known  as  a  skating  rink,  without  having  first  obtained  and  taken  out 
a  license  as  provided  for  in  this  ordinance.  Any  person  who  shall  violate 
this  section  of  this  ordinance  shall,  on  conviction  thereof  before  the  Mayor, 
suffer  and  pay  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars  ana 
costs  of  prosecution  for  each  violation  ;  and  such  person  or  persons  shail 
be  committed  to  the  city  prison  of  said  city  until  such  fine  and  costs  are 
paid  or  secured  to  be  paid,  to  the  satisfaction  of  the  Mayor,  or  until  he 
may  be  discharged  by  due  course  of  law,  and  such  prosecution  shall  be 
upon  an  affidavit  filed  with  the  Mayor.    (December  7,  1885.) 

123—  License  to  skating  rinks. 

Sec.  123.  The  Mayor  of  said  city  shall  grant,  make  out  and  deliver 
to  every  person  applying  for  same,  a  license  permitting  such  person  or 
persons  to  hire  out  and  let  to  use  of  other  persons  for  profit  any  of  the 
places  named  in  section  122  of  this  chapter,  and  as  herein  provided  for 
upon  the  following  amounts  for  each  skating  rink  so  used,  to-wit :  At  the 
rate  of  three  dollars  per  month  for  any  time  less  than  a  year  or  twenty- 
five  dollars  per  year  when  granted  for  one  or  more  years  from  date  of 


S2 


REVISED  ORDINANCES 


issue  of  such  license,  either  of  which  amounts  shall  be  paid  to  the  Mayor 
in  advance  of  such  issue  by  such  applicants ;  and  when  paid  a  copy  or 
duplicate  of  each  license  issued  shall  be  made  by  the  Mayor  and  filed  in  his 
office  as  evidence  of  the  fact.  And  the  money  so  received  shall  be  paid  into 
the  City  Treasury  by,  the  Mayor  and  placed  to  the  credit  of  the  general 
expense  fund  in  the  treasury.    (March  n,  1886.) 


CHAPTER  XV 


FIRE  DEPARTMENT  AND  FIRES. 


Section. 

124.  Composition.    Salaries.    Bonds,  number. 

125.  Duties  of  the  Board  of  Public  Safety. 

126.  Apparati. 

127.  Chief  to  inspect  premises.  Penalty. 

128.  Record  of  inspections. 

129.  Protection  of  fire  apparatus.    False  alarm, 


Section. 


FIREMEN'S  PENSION  FUND; 


135.  Establishing  fund. 

136.  Composition  of  Board  of  Trustees.  Duties 


Penalty. 

130.  Chimneys,  flues,  etc. 

131.  Inspection  of  houses,  etc. 


of  Board. 

137.  Who  are  beneficiaries. 

138.  Treasurer  of  fund. 

139.  Duties  of  present  Board. 


132.  Fire  limits. 

133.  Removal  of  buildings. 

134.  Penalty. 


FIRE  LIMITS. 


SALARY,  ETC.  WHEN  DISABLED. 

140.  To  receive  salary  when  disabled. 

141.  To  have  physicians'  and  surgeons'  bills 


paid,  when. 


GENERAL  PROVISIONS. 


1 24— Composition— Salaries— Bonds,  number. 

Section  124.  The  fire  department  of  the  City  of  Canton  shall  be 
composed  of  the  following  officers  and  other  members  who  shall  receive 
the  respective  salaries  hereinafter  provided  for,  payable  semi-monthly,  and 
shall  give  the  respective  bonds  and  take  the  oath  hereinafter  required. 

1.  A  Chief  of  the  Fire  Department  who  shall  receive  a  salary  at  the 
rate  of  Eleven  Hundred  Dollars  ($1100.00)  per  annum. 

2.  An  Assistant  Chief  of  the  Fire  Department  who  shall  receive  a 
salary  at  the  rate  of  Nine  Hundred  Dollars  ($900.00)  per  annum. 

3.  Five  Captains  who  shall  each  receive  a  salary  at  the  rate  of  Eight 
Hundred  and  Forty-Five  Dollars  ($845.00)  per  annum. 

4.  ,Six  Lieutenants  who  shall  each  receive  a  salary  at  the  rate  of 
Seven  Hundred  and  Eighty  Dollars  ($780.00)  per  annum. 

5.  One  Lineman  who  shall  receive  a  salary  at  the  rate  of  Eight 
Hundred  and  Forty  Dollars  ($840.00)  per  annum. 

6.  Twenty-four  Firemen  who  shall  receive  a  salary  at  the  rate  of 
Seven  Hundred  and  Eighty  Dollars  ($780.00)  per  annum. 

Each  officer  and  member  of  the  Fire  Department  shall  give  a  surety 
company  bond  in  the  sum  of  Five  Hundred  Dollars  ($500.00)  to  be 


54 


REVISED  ORDINANCES 


approved  by  the  Board  of  Public  Safety  and  Mayor  and  shall  take  an  oath 
to  support  the  Constitution  of  the  United  States  and  the  Constitution  of 
the  State  of  Ohio,  and  to  discharge  the  duties  of  his  office  faithfully, 
honestly  and  impartially. 

The  Fire  Department  of  said  city  shall  consist  of  thirty-eight  persons. 
(June  8,  1903.) 

125—  Duties  of  the  Board  of  Public  Safety. 

Sec.  125.  The  Fire  Department  as  constituted  herein  shall  be  classi- 
fied for  appointment  thereto  by  the  Board  of  Public  Safety  as  required 
by  law.    (June  8,  1903.) 

126—  Apparati. 

Sec.  126.  The  Fire  Department  of  the  City  of  Canton  shall  consist 
of  the  present  hooks,  ladders,  hose-carts,  steam  engines,  etc.,  now  in  use, 
or  which  may  hereafter  be  purchased  by  this  city,  and  all  the  necessary 
equipments  thereof,  together  with  the  employes  necessary  to  the  efficient 
working  of  the  same.    (March  24,  1890.) 

1 27 —  Chief  to  inspect  premises— Penalty. 

Sec.  127.  The  Chief  of  the  Fire  Department  shall  have  the  power  and 
it  is  hereby  made  his  duty  to  remove  or  abate  anything  from  which 
immediate  danger  from  fire  may  be  apprehended,  and  for  this  purpose  may 
command  the  services  of  the  street  working  force  and  police  force  of 
this  city.  It  shall  be  his  further  duty  to,  from  time  to  time,  inspect  all 
buildings  and  structures  within  the  city  to  ascertain  what  specially  hazard- 
ous agencies  and  things  exist  therein  liable  to  cause  fire.  He  shall  inspect 
the  manner  of  construction  of  all  flues,  fireplaces,  furnaces,  ovens,  chimneys, 
heating  pipes,  electric  lights,  apparatus  and  their  appurtenances;  the  man- 
ner of  using,  producing  and  storing  of  chemicals,  oils,  paint,  gas,  explosives 
and  other  dangerous  agencies;  the  manner  of  using  fire,  gas  and  electricity 
for  any  purpose;  the  manner  of  using  machinery  and  the  construction  of 
buildings,  both  as  to  the  material  used  and  the  manner  of  construction, 
being  liable  to  cause  fires  to  be  communicated  to  other  buildings  or  other 
parts  of  the  same  building.  He  shall  inspect  all  places  used  for  storage 
purposes  of  merchandise;  and  all  places  of  deposit  for  refuse,  ashes,  shav- 
ings, waste  and  other  substances  liable  to  cause  fires.  It  shall  be  unlawful 
for  any  person  who  is  the  owner  of  or  has  charge  of  anything  from  which 
immediate  danger  from  fire  may  be  apprehended  to  allow  the  same  to  so 


FIRE  DEPARTMENT  AND  FIRES 


55 


remain  unabated  when  ordered  by  the  said  chief  of  the  fire  department  10 
abate  the  same.  Any  person  refusing  or  neglecting  to  so  abate  any  dan- 
gerous thing  when  ordered  to  do  so  by  the  Chief  of  the  Fire  Department, 
or  refusing  to  permit  said  Chief  of  the  Fire  Department  to  enter  any  such 
building  or  premises  for  the  purpose  of  such  inspection  and  investigation 
shall  be  fined  in  any  sum  not  exceeding  Fifty  Dollars  ($50.00)  and  costs 
of  prosecution,  or  be  imprisoned  not  more  than  ten  days  or  both  at  the 
discretion  of  the  Mayor.    (June  18,  1906.) 

1 28—  Record  of  inspectors. 

Sec.  128.  The  Chief  of  the  Fire  Department  shall  keep  at  the  central 
engine  house  a  record  showing  the  time  when  the  inspections  provided  for 
in  the  last1  preceding  section  have  been  made,  a  statement  as  to  the  con- 
dition of  the  premises  inspected,  the  character  of  goods  or  material  stored 
therein,  the  approximate  dimensions  of  the  building,  the  location  of 
furnace,  stoves,  heating  pipes  and  flues  therein,  the  mode  of  ingress  and 
egress,  the  location  of  elevator  shafts,  stairways,  fire  escapes  and  other 
matters  of  importance  in  fighting  fires.    (May  14,  1900.) 

1 29—  Protection  of  fire  apparatus— False  alarms— Penalty. 

Sec.  129.  It  shall  be  unlawful  for  any  person  to  interfere  with  or 
injure  in  any  manner  any  fire  engine,  hose  reel,  hook  and  ladder  wagon, 
horses,  harness,  hose,  telegraph  wire,  poles  and  fire  alarm  boxes,  or  nnj 
other  apparatus  or  any  property  connected  with  the  fire  department,  the 
property  of  the  city,  nor  shall  any  person  or  persons  purposely  give  any 
false  alarm  of  fire  or  mislead  any  member  of  the  department  as  to  the 
location  or  existence  of  fire.  Any  person  violating  any  provision  of  this 
section  shall  on  conviction  thereof  before  the  mayor  be  fined  in  any  sum 
not  more  than  Fifty  Dollars  ($50.00)  and  costs  of  prosecution,  or  imprisoned 
not  more  than  thirty  days  or  both  at  the  discretion  of  the  Mayor.  (March 
24,  1890.) 

130—  Chimneys,  flues,  etc. 

Sec.  130.  No  person  shall  put  up  or  suffer  to  be  kept  up  any  chimney, 
flue,  cupola  or  any  pipe  to  conduct  smoke,  etc.,  from  any  building  unless  the 
same  be  so  fixed  or  conducted  that  it  will  not  endanger  the  property  from 
whence  it  projects  nor  the  adjoining  property  thereto,  but  must  in  all 
respects  be  made  and  kept  perfectly  secure  froftn  endangering  the  destruc- 
tion of  property ;  provided  such  owner  or  owners  of  said  adjoining  property 


56 


REVISED  ORDINANCES 


or  properties  construct  any  building  or  buildings  subsequent  to  the  time 
of  construction,  of  said  chimney,  flue,  cupola,  etc.,  shall  use  all  necessary 
precautions  for  the  prevention  of  fire  by  such  chimney,  flue,  cupola,  etc. 
(August  27,  1877.) 

131—  Inspection  of  houses,  etc. 

Sec.  131.  It  is  hereby  made  the  duty  of  the  Chief  of  the  Fire  De- 
partment in  said  city,  upon  complaint  being  made  to  him  by  one  good 
responsible  citizen  of  said  city  of  the  violation  of  the  next  preceding 
section  of  this  chapter,  to  examine  carefully  such  house,  store  or  building 
where  such  violation  occurs,  and  is  suffered  to  be  kept  up,  and  if  in  his 
opinion  section  130  be  violated,  and  to  render  the  same  more  safe  against 
fires,  he  shall  thereupon  give  notice  to  the  owner  or  occupant  of  such 
house,  store  or  building  that  such  violation  exists  and  that  unless  the  same 
be  safely  fixed  or  removed  within  the  time  prescribed  by  the  said  Chief, 
which  shall  at  all  times  be  a  reasonable  amount  of  time,  that  he  will  remove, 
repair  or  safely  fix  the  same,  and  that  the  cost  of  fixing,  removing,  or 
repairing  the  same  shall  be  reported  by  the  said  Chief  to  the  City  Auditor 
who  shall  place  the  same  upon  the  tax  duplicate  of  said  county  against 
said  property,  and  the  same  to  be  collected  as  other  taxes  and  to  be  a  tax 
lien  upon  said  property.    (June  18,  1906.) 

FIRE  LIMITS. 

132—  Fire  limits. 

Sec.  132.  It  shall  be  unlawful  for  any  person  or  persons  to  erect  any 
building  or  buildings,  or  addition  or  additions  to  any  building  on  an> 
square  laying  within  the  following  boundaries,  to-wit:  Commencing  at 
a  point  in  West  Tuscarawas  Street  at  the  intersection  of  McKinley  Ave- 
nue with  said  West  Tuscarawas  Street ;  thence  south  on  McKinley  Avenue 
to  its  intersection  with  Seventh  Street  ;  thence  eastwardlv  along  Seventh 
Street  to  its  intersection  with  Cleveland  Avenue;  thence  south  along 
Cleveland  Avenue  to  its  intersection  with  Ninth  Street;  thence  eastwardlv 
along  Ninth  Street  to  its  intersection  with  Court  Street  ;  thence  north  on 
Court  Street  to  its  intersection  with  Eighth  Street;  thence  east  on  Eighth 
Street  to  its  intersection  with  Market  Street  ;  thence  north  on  Market 
Street  to  its  intersection  with  Seventh  Street  ;  thence  east  on  Seventh 
Street  to  its  intersection  with  Walnut  Street ;  thence  north  on  Walnut  Street 


FIRE  DEPARTMENT  AND  FIRES 


57 


to  its  intersection  with  Tuscarawas  Street ;  thence  east  on  Tuscarawas 
Street  to  its  intersection  with  Cherry  Street ;  thence  north  on  Cherry  Street 
to  its  intersection  with  Fourth  Street ;  thence  west  on  Fourth  Street  to 
its  intersection  with  Walnut  Street ;  thence  south  on  Walnut  Street  to  its 
intersection  with  Fifth  Street ;  thence  west  of  Fifth  Street  to  its  inter- 
section with  Piedmont  Street ;  thence  north  on  Piedmont  Street  to  its  inter- 
section with  Fourth  Street ;  thence  west  on  Fourth  Street  to  its  intersection 
with  Dewalt  Street ;  thence  south  on  Dewalt  Street  to  its  intersection  with 
Tuscarawas  Street ;  thence  west  on  Tuscarawas  Street  to  the  intersection 
of  McKinley  Avenue. 

Also  the  square  bounded  on  the  north  by  Ninth  Street,  on  the  east 
by  Market  Street,  on  the  south  by  Tenth  Street,  and  on  the  west  by  Court; 
also  the  square  bounded  on  the  north  by  Ninth  Street,  on  the  east  by 
Piedmont  Street,  on  the  south  by  Tenth  Street  and  on  the  west  by  Market 
Street ;  also  the  square  bounded  on  the  north  by  Eighth  Street,  on 
the  east  by  Rex  street,  on  the  south  by  Ninth  Street  and  on  the  west 
by  Walnut  Street ;  also  the  square  bounded  on  the  north  by  Third 
Street,  on  the  east  by  Rex  Street,  on  the  south  by  Fourth  Street  and  on 
the  west  by  Walnut  Street ;  also  the  square  bounded  on  the  north  by 
North  Street,  on  the  east  by  Market  Street,  on  the  south  by  Second 
Street  and  on  the  west  by  Court  Street,  more  than  ten  feet  high  unless 
the  outer  walls  thereof  shalK  be  made  of  iron,  stone,  brick  and  mortar  or 
some  of  them ;  it  having  been  determined  by  Council  from  the  petitions 
presented  thereto  that  the  owners  of  two-thirds  of  the  ground  included  in 
said  squares  desire  same.    (March  2,  1903.) 

133—  Removal  of  buildings. 

Sec.  133.  The  removal  of  any  building  contemplated  by  the  next 
preceding  section  of  this  chapter,  from  any  place  without  the  territory  de- 
scribed in  said  section  to  any  square  within  said  territory  or  from  any 
place  without  to  another  place  within  said  territory  shall  be  held  to  be  the 
erection  of  such  building  within  said  territory.    (April  17,  1893.) 

134—  Penalty. 

Sec.  134.  Any  person  who  shall  violate  the  provisions  of  the  next 
two  preceding  sections  of  this  chapter,  shall  be  liable  to  a  fine  of  Twenty- 


58 


REVISED  ORDINANCES 


Five  Dollars  ($25.00)  and  costs  of  prosecution  and  collection,  and  any 
building  or  addition  to  any  building  erected  contrary  to  this  ordinance  shall 
be  removed  under  the  direction  of  the  Council  by  the  Chief  of  the  Fire 
Department  or  by  such  other  person  as  the  council  may  direct.  (April 
17.  1893.) 

FIREMEN'S  PENSION  FUND. 

135—  Establishing  fund. 

.Sec.  135.  It  is  hereby  declared  necessary  to  establish  and  there  is 
hereby  established  a  Fremen's  Pension  Fund  for  the  City  of  Canton,  which 
shall  be  administered  and  distributed  by  a  board  of  trustees  who  shall  be 
known  as  the  "Trustees  of  the  Firemen's  Pension  Fund."  Said  Firemen's 
Pension  Fund  shall  be  maintained  in  manner  and  form  as  provided  in  an 
act  of  the  Legislature  of,  the\  State  of  Ohio,  passed  April  23rd,  1902,  and 
recorded  in  95  Ohio  Laws,  Page  223,  and  all  other  laws  of  the  State 
governing  the  same.    (April  20,  1903.) 

136—  Composition  of  Board  of  Trustees — Duties  of  Board. 

Sec.  136.  The  Board  of  Trustees  of  the  Firemen's  Pension  Fund 
shall  consist  of  the  Board  of  Public  Safety  hereafter  to  be  appointed  and 
five  other  persons,  members  of  the  Fire  Department,  who  shall  be  chosen 
in  manner  and  form  as  provided  by  law.  The  members  so  chosen  shall 
serve  one  year,  and  until  their  successors  are  elected  and  qualified  and 
the  election  of  such  members  of  said  board  shall  be  held  annually  upon  the 
second  Monday  of  February  of  each  and  every  year.  In  case  of  a 
vacancy  among  the  five  members  so  elected,  the  remaining  members  so 
elected  shall  chose  the  successor  until  the  next  annual  election. 

The  presiding  officer  of  the  Board  of  Public  Safety  hereafter  to  be 
appointed,  shall  be  President  of  the  Board  of  Trustees  of  the  Firemen's 
Pension  Fund  and  said  board  shall  appoint  one  of  their  number  to  act  as 
Secretary  of  said  board,  whose  duty  t  shall  be  to  keep  a  full  record  of  all 
the  proceedings  thereof. 

The  Board  of  Trustees  of  said  fund  shall  invest  any  moneys  received 
by  them  in  interest  bearing  bonds  of  the  I  faited  States,  of  the  State  of  Ohio, 
or  of  any  comity,  township,  school  district  or  municipal  corporation  in 
this  state,  keeping,  however,  in  the  city  treasury,  sufficient  money  to  meet 
the  current  charges  against  said  fund.    Said  board  shall  make  a  report  ro 


FIRE  DEPARTMENT  AND  FIRES 


59 


the  Council  of  the  condition  of  said  fund,  on  the  first  day  of  January  of 
each  year. 

Said  board  shall  make  all  rules  and  regulations  for  the  distribution 
of  said  fund,  including  the  qqualifications  of  those  to  whom  any  portion  of 
said  fund  shall  be  paid,  and  the  amount  thereof,  but  no  such  rules  and  regu- 
lations shall  be  in  force  until  the  same  have  been  approved  by  the  Board 
of  Public  Safety  hereafter  to  be  appointed.   (April  20,  1903.) 

137—  Who  are  beneficiaries. 

Sec.  137.  All  persons  now  drawing  pension  or  entitled  to  the  same 
are  hereby  made  beneficiaries  in  manner  provided  by  law,  and  shall  remain 
such,  receiving  such  amounts,  and  subject  to  such  rules  as  now  exist. 
(April  20,  1905.) 

138 —  Treasurer  of  fund. 

Sec.  138.  The  City  Treasurer  shall  be  custodian  of  said  fund,  and 
shall  pay  out  the  same  upon  the  proper  order  of  said  board,  and  said  board 
shall  have  the  power  to  require  said  City  Treasurer  to  execute  a  bond  for 
the  faithful  performance  of  his  duties  with  respect  to  this  fund,  and  in  such 
form  as  shall  be  satisfactory  to  said  Board  of  Trustees.    (April  20,  1903.) 

139—  Duties  of  present  Board. 

Sec.  139.  The  Board  of  Trustees  now  in  orifice  and  having  control  of 
existing  funds  are  hereby  recognized  as  the  lawfully  constituted  Boara 
of  Trustees  of  the  Firemen's  Pension  Fund  and  shall  serve  in  connection 
with  the  Board  of  Public  Safety  hereaftei1  to  be  appointed  and  until  their 
successors  are  elected  and  qualified  as  provided  for  in  section  of  this 
chapter  and  said  board  as  now  constituted  shall  have  full  power  and 
authority  to  perform  the  duties  imposed  by  law.   (April  20,  1903.) 

SALARY,  ETC.,  WHEN  DISABLED. 

140—  To  receive  salary  when  disabled. 

Sec.  140.  The  Directors  of  Public  Safety  are  hereby  authorized  and 
directed  to  pay  to  any  fireman  disabled  in  the  discharge  of  his  duty,  his 
full  regular  salary  for  the  period  of  three  months  following  the  receiving 
of  such  disability,  and  for  no  longer  period  ;  provided  that,  if  said  disability 
shall  continue  for  a  shorter  period  than  three  months,  then  in  that  event 
any  fireman  so  disabled  shall  be  allowed  his  full  regular  salary  during  the 
period  of  such  disability  only.    (January  2,  1905.) 


60 


REVISED  ORDINANCES 


141— To  have  physicians'  and  surgeon's  bills  paid,  when. 

Sec.  141.  The  Directors  of  Public  Safety  are  hereby  authorized  and 
Directed  to  pay  the  physicians'  and  sugeons'  bills  of  any  fireman  disabled 
in  the  discharge  of  his  duty  for  the  period  of  three  months  following  the 
receiving  of  such  disability,  and  for  no  longer  period,  provided  that  if  said 
disability  shall  continue  for  a  shorter  period  than  three  months,  then  in 
that  event  said  physicians'  and  surgeons'  bill  shall  only  be  paid  during  the 
period  of  such  disability.    (January  2,  1905.) 


CHAPTER  XVI. 


GARBAGE  AND  RUBBISH. 


Section. 

142  Garbage  defined. 

143.  Rubbish  defined. 

144.  Garbage  can.    Dead  animals. 

145.  Box  or  barrel  for  rubbish. 

146.  Garbage  collectors'  license. 

147.  Duties  of  garbage  collectors.    Care  of  cans. 

148.  Duties  of  garbage  collectors. 

149.  Garbage  districts. 


Section. 

150.  Duties  of  the  Board  of  Health. 

151.  Price  of  collection. 

152.  Garbage  collectors'  license. 

153.  Garbage  collector  to  maintain  office. 

154.  Not  to  mix  rubbish,  etc.  with  garbage. 

155.  Unlawful  to  deposit  rubbish  and  garbage, 


where. 
156.  Penalty. 


142—  Garbage  defined. 

Sec.  142.  The  word  "garbage"  as  herein  used  shall  be  taken  to  mean 
all  kitchen  refuse,  vegetables,  meats,  dead  animals,  or  anything  whatsoever 
that  will  or  may  decompose  and  become  offensive  or  dangerous  to  health. 
(July  20,  1903.) 

143—  Rubbish  defined. 

Sec.  143.  The  term  "rubbish"  as  used  in  this  ordinance  shall  be  taken 
to  mean  dirt,  chips,  pieces  of  lumber,  sticks,  dead  trees  or  branches  thereof, 
bottles,  broken  glass,  crockery,  tins,  cast  or  woodenware,  cans,  boxes,  rags, 
straw,  grass,  paper,  circulars,  hand-bills,  boots,  shoes,  hats  or  any  other 
litter  or  trash  whatsoever.    (July  20,  1903.) 

144—  Garbage  can— Dead  animals. 

Sec.  144.  It  shall  be  the  duty. of  all  the  owners,  tenants  or  occupants 
of  any  property  whatsoever  to  provide  themselves  with  a  suitable  metal 
garbage  can,  or  cans,  not  to  exceed  ten  gallons  in  capacity,  which  shall 
be  water  tight,  shall  have  a  close  fitting  lid,  shall  have  two  handles  thereon 
and  shall  be  placed  on  the  premises  owned  or  occupied  by  said  persons  at  a 
place  which  can  be  easily  reached  by  the  garbage  collector.  All  garbage 
created  or  belonging  to  said  persons  shall  be  deposited  in  said  garbage  can, 
which  shall  be  kept  tightly  covered  at  all  times,  and  said  garbage  shall  be 
hauled  to  the  garbage  furnace  in  manner  and  form,  and  under  the  rules 
and  regulations  hereinafter  provided  for;  provided,  that  all  dead  animals 
shall  be  immediately  carried  or  conveyed  to  said  garbage  furnace  by  the 
owners  of  such  anilmals,  and  if  the  owner  thereof  cannot  be  ascertained 


62 


REVISED  ORDINANCES 


within  two  hours  after  discovering  the  same,  then  and  in  that  event,  by 
the  owner  or  tenant  of  the  premises  upon  which  they  may  be  found.  (July 
20,  1903.) 

145—  Box  or  barrel  for  rubbish. 

Sec.  145.  It  shall  also  be  the  duty  of  all  property  owners  or  tenants, 
occupying  any  premises,  to  provide  a  box  or  barrel  for  the  reception  of  any 
rubbish,  the  same  to  be  hauled  to  the  city  dumping  ground  by  said  property 
owners  or  tenants,  at  their  own  expense.    (July  20,  1903.) 

146—  Garbage  collectors'  license — Exception. 

Sec.  146.  No  person  or  persons,  firm  or  corporation  shall  engage  in 
the  business  of  collection  and  removal  of  garbage  in  the  City  of  Canton 
unless  said  person  or  persons,  firm  or  corporation,  shall  have  first  been 
duly  licensed  by  the  Mayor  of  the  City  of  Canton,  provided  that  nothing 
in  this  ordinance  contained  shall  be  held  to  prevent  any  owner,  tenant,  or 
occupant  of  any  property  from  hauling  his  or  its  garbage  to  the  City 
garbage  furnace  at  his  or  its  own.  expense ;  provided  the  same  shall  be 
done  in  the  can  or  cans  herein  stipulated  or  in  water  tight  iron  or  steel 
boxes  or  tanks  mounted  on  wheels  or  runners  as  herein  provided ;  pro- 
vided further  that  the  owner,  tenant  or  occupant  of  any  premises  shall 
have  the  right  toj  dispose  of  his  or  its  garbage  on  the  premises  where  it 
originates,  by  burning  the  same,  the  method  of  disposition  thereof  herein 
last  provided  for,  to  be  done  without  offense  to  the  neighborhood  or 
danger  to  the  public  health  ;  provided  further  that  the  Board  of  Health 
shall,  have  power  to  permit  any  person  or  persons  to  haul  garbage  to 
points  without  the  city  limits  to  be  used  for  feeding  stock,  but  without 
causing  a  nuisance,  the  same  to  be  hauled  without  a  license  from  the 
Mayor,  and  in  the  water  tight,  iron  or  steel  boxes  or  tanks  mounted  on 
wheels  or  runners,  or  in  the  cans  as  herein  provided,  and  any  producer  of 
garbage  shall  have  the  rigth  to  give  the  same  to  such  person  or  persons 
so  hauling  the  same  without  the  city  limits  without  being  liable  to  the 
penalties  of  this  ordinance,  but  no  producer  of  garbage  shall  be  ex- 
onerated from  tin-  penalties  of  this  ordinance,  except  in  the  instance  herein 
lasl  provided.    May  1,  1905.) 

1 47—  Duties  of  garbage  collectors— Care  of  cans. 

Sec.  147.  All  persons,  linns  or  corporations,  licensed  to  engage  in 
collecting  and  removing  garbage,  shall  for  said  purpose  provide  them- 


GARBAGE  AND  RUBBISH 


63 


selves  with  iron  or  steel  boxes  or  tanks  mounted  on  wheels  or  runners, 
which  boxes  or  tanks  shall  be  made  perfectly  water  tight  and  be  kept  so, 
and  securely  and  tightly  covered  on  top,  so  as  to  prevent  the  contents 
or  any  odor  escaping  therefrom,  and  the  same  shall  from  time  to  time 
be  thoroughly  washed  out  and  disinfected  to  the  satisfaction  of  the  Board 
of  Health.  All  garbage  cans  herein  provided  for  to  be  placed  on  premises 
for  the  reception  of  garbage,  shall  by  the  owner  thereof,  also  be  washed 
out  and  disinfected  from  time  to  time  to  the  satisfaction  of  the  Board 
of  Health.  The  vehicles  herein  provided  for  shall  be  so  loaded  and 
driven  that  none  of  the  contents  shall  fall  upon  the  ground,  or  run  out 
or  spill  therefrom.  All  of  such  vehicles  shall  have  attached  thereto  on 
both  sides  a  sign  with  the  words  "Licensed  Garbage  Collector"  painted 
thereon  together  with  the  number  of  said  vehicle  in  bold  letters  and 
figures  the  number  herein  provided  for,  to  be  placed  on  said  vehicle 
shall  be  furnished  by  the  Mayor.    (May  I,  1905.) 

148—  Duties  of  garbage  collectors. 

Sec.  148.  All  persons,  firms  or  corporations  licensed  to  collect  gar- 
bage, shall  call  once  a  week  throughout  the  year  in  their  respective  district 
at  all  places  where  garbage  accumulates,  and  upon  all  persons,  firms  or 
corporations  having  garbage  as  aforesaid,  and  shall  remove  promptly 
and  in  a  cleanly  manner  all  garbage  offered  in  cans  as  aforesaid,  and 
shall  promptly  return  all  cans  to  the  places  on  the  premises  at  which  they 
were  received;  provided  that  all  persons,  firms  or  corporations  so  licensed 
to  collect  garbage  shall  call  oftener  than  once  a  week  if  the  owner, 
tenant  or  occupant  of  any  premises  shall  so  desire  ;  provided  further  that 
said  collection  may  at  their  discretion  discontinue  the  service  for  such 
persons,  firms  or  corporations  as  may  be  more  than  one  month  in  arrears 
in  their  payments  for  such  work.  All  garbage  thus  collected  shall  be 
conveyed  by  the  person,  firm  or  corporation  so  collecting  it  at  his  or  its 
own  cost  and  expense  to  the  city  garbage  furnace.    (July  20,  1903.) 

149 —  Garbage  districts. 

Sec.  149.  For  the  purpose  of  collecting  and  removing  garbage  there- 
from,  the  City  of  Canton  is  hereby  divided  into  two  districts  as  follows  : 
All  that  portion  of  said  city  lying  east  of  Market  Street  shall  be  known 
as  District  No.  1,  and  all  that,  portion  lying  west  of  Market  Street  shall 
be  known  as  District  No.  2.    (July  20,  1903.) 


64 


RKVISKD  ORDINANCES 


150—  Duties  of  the  Board  of  Health. 

Sec.  150.  The  collection  and  removal  of  garbage  as  aforesaid  shall 
be  conducted  under  the  supervision,  direction  and  control  of  the  Board  of 
Health  and  in  strict  conformity  with  the  provisions  of  this  ordinance  and 
of  the  license  herein  provided  for.    (May  I,  1905.) 

151 —  Price  of  collection. 

Sec.  151.  Trie;  price  to  be  charged  for  the  collection  and  removal  of 
garbage  in  the  City  of  Canton  by  licensed  collectors  thereof  shall  not 
exceed  the  rate  of  ten  cents  per  standard  can  of  ten  gallons  or  part 
thereof.    (July  20,  1903.) 

152—  Garbage  collectors'  license. 

Sec.  152.  Any  person  or  persons,  firm  or  corporation  so  desiring 
shall  be  licensed  by  the  Mayor  of  the  City  of  Canton  to  engage  in  the 
business  of  collecting  and  removing  garbage  in  said  city  for  a  period  of 
not  to  exceed  two  years  from  date  of  said  license,  upon  the  payment  of 
a  license  tax  of  Fifty  Dollars  ($50.00)  and  the  giving  of  a  surety  company 
bond  in  the  sum  of  Two  Hundred  Dollars  ($200.00)  conditioned  that  the 
said  licensee  shall  collect  and  remove  any  garbage  offered  by  any  owner, 
tenant  or  occupant  of  any  premises,  in  good,  proper  and  lawful  manner 
and  in  compliance  wth  the  ordinances  of  the  City  of  Canton  governing 
the  same ;  said  bond  to  be  approved  by  the  Mayor ;  provided  however  that 
the  Council  shall  have  power  to  change  or  terminate  the  system  of 
gathering  garbage  herein  provided  for  at  any  time  by  the  amendment  or 
repeal  of  this  ordinance  and  in  such  event  said  portion  of  said  license 
fee  for  the  unexpired  portion  of  said  term  of  two  years,  shall  be  refunded 
to  said  licensee.  The  license  herein  provided  for  shall  specifically  state 
the  name  of  the  person  or  persons,  firm  or  corporation  securing  the  same, 
the  number  of  the  district,  the  length  of  time  for  which  the  license  is 
granted,  and  the  maximum:  rate  to  be  charged,  and  the  further  provision 
that  said  license:  may  at  any  time  be  revoked  by  the  Mayor,  upon  satis- 
factory proof  that  the  person  or  persons,  firm  or  corporation  securing  the 
same  are  violating  the  provisions  of  the  ordinances  of  said  city,  including 
the  provisions  of  this  ordinance  and  are  failing  to  collect  and  remove 
garbage  as  herein  provided;  and  such  license  shall  also  recite  that  it  is 
issued  subject  to  the  provisions  of  this  ordinance.    (July  20,  1903.) 


GARBAGE  AND  RUBBISH 


65 


153—  Garbage  collector  to  maintain  office. 

,Sec.  153.  It  shall  be  the  duty  of  the  person  or  persons,  firm  or  cor- 
poration securing  a  license  herein  provided  for  the  collection  and  re- 
moval of  garbage  to  maintain  an  office  either  at  the  place  of  residence 
of  said  person,  firm  or  corporation,  or  at  some  other  point  within  the 
City  limits,  with  at  least  one  telephone;  therein,  which  said  office  shall  be 
kept  open  and  in  charge  of  some  person  from  8:00  A.  M.  to  4:00  P.  M. 
of  each  day,  except  Sundays  and  legal  holidays,  for  the  purpose  of  re- 
ceiving calls  or  the  collecting  and  removal  of  garbage  and  the  receiving 
of  such  information  as  may  be  conveyed  to  said  licensee  or  licensees. 
(July  20,  1903.) 

154—  Not  to  mix  rubbish,  etc.  with  garbage. 

Sec.  154.  Xo  person,  tenant,  occupant  or  owner  of  any  property 
whatsoever,  who  shall  create  garbage,  shall  place  any  rubbish,  ashes  ur 
cinders  or  anything  but  garbage  in  the  can  or  cans  provided  for  in  Section 
144  of  this  chapter,  nor  shall  said  persons  mix  any  rubbish,  ashes  or 
cinders  with  any  garbage  which  is  to  be  collected  and  removed.  (July 
20,  1903.) 

155—  Unlawful  to  deposit  rubbish  and  garbage,  where. 

Sec.  155.  It  shall  be  unlawful  for  any  person  or  persons  or  officer 
or  officers  of  any  co-partnership  or  corporation  to  throw  or  deposit  or 
cau^e  to  be  thrown  or  deposited  any  rubbish  or  garbage  upon  any 
vacant  lot,  public  thoroughfare,  street  or  alley  or  public  property  or  an> 
place  whatsoever,  except  the  places  herein  provided  for.    (July  20,  1903.) 

156—  Penalty. 

Sec.  156.  Any  person  or  persons,  or  officer  or  officers  of  any  co-part- 
nership or  corporation  violating  the  provisions  of  Sections  144,  145,  146, 
147,  148,  151,  152,  154  or  155  of  this  chapter,  shall,  upon  conviction  thereof 
before  the  mayor,  be  fined  in  any  sum  not  exceeding  Twenty-Five  Dollars 
($25.00)  together  with  the  costs  of  prosecution.    (July  20,  1903.) 


CHAPTER  XVII. 


HOUTZ  POOR  FUND. 


Section. 

157.    Board  of  Trustees.    How  appointed  and 


Section. 

159.    No  compensation.    Shall  invest  funds  and 


term  of  office. 
158.  Bond. 


report  annually. 
160.    Funds  not  to  be  loaned  to  trustees. 


1 5  7— Trustees— H  ow  appointed— Te  rm . 

Section  157.  The  entire  control  of  all  monies  and  securities  now  on 
hand  and  belonging  to  the  fund  known  as  the  "Houtz  Poor  Fund,"  be 
and  the  same  is  hereby  vested  in  a  Board  of  Trustees,  consisting  of  three 
resident  free  holders  of  said  City,  to  be  elected  by  the  City  Council  by  a 
majority  vote  of  all  the  members  elected, — one  of  whom  shall  be  elected 
to  serve  for  three  years,  one  for  four  years  and  one  for  five  years,  and 
thereafter,  at  the  expiration  of  the  terms  of  each  trustee  the  Council  shall 
elect  a  successor  in  the  manner  herein  directed,  to  serve  for  the  term 
of  five  years :  And  all  vacancies  on  said  Board  of  Trustees,  by  death, 
removal  or  resignation  shall  be  filled  by  the  Council  by  an  election  for 
the  unexpired  term.    (February  1,  1892.) 

158—  Bond. 

Sec.  158.  The  members  of  said  Board  of  Trustees  shall  each  before 
entering  upon  their  duties  give  bond  to  the  City  of  Canton  in  the  sum  of 
Three  Thousand  Dollars  ($3,000.00)  conditioned  for  the  faithful  discharge 
of  their  duties  as  such  trustees,  which  bond  shall  be  approved  by  the 
Council  and  filed  in  the  office  of  the  City  Auditor.    (March  28,  1904.) 

159 —  No  compensation— Shall  invest  funds  and  report  annually. 

Sec.  159.  Said  Board  of  Trustees  are  hereby  authorized  and  required 
to  take  charge  of  all  the  property  that  has  been  bequeathed  to  the  City 
Council  of  said  city  and  to  their  successors  in  office  in  trust  by  the  last 
will  and  testament  of  Jacob  Houtz,  deceased,  said  will  being  dated  Sep- 
tember 25,  1867,  and  recorded  in  Will  Record  1),  Page  164,  of  the  records 
in  the  office  of  the  Probate  Court  of  said  county,  the  monies  so  left  to- 
gether with  the  net  increment  thereof  shall  be  kept  and  maintained  as  an 
irreducible  interest  bearing  fund  and  shall,  by  said  trustees,  be  invested 


HOUTZ  POOR  FUND 


67 


upon  good  mortgage  security,  or  in  bonds  of  the  United  States,  or  State 
of  Ohio,  or  the  City  of  Canton.  Said  fund  shall  be  held  by  said  trustees 
in  trust  forever,  and  the  interest  arising  therefrom,  shall  by  said  trustees 
be  turned  over  annually  to  the  Treasurer  of  said  city.  The  Secretary  of 
said  Board  of  Trustees  shall  take  a  receipt  therefor  signed  by  the  Treas- 
urer of  said  city,  and  file  the  same  in  proper  order.  The  interest  so 
turned  over  annually  to  the  Treasurer  of  said  city  shall  at  all  times  be 
subject  to  the  order  of  the  Canton  Association  of  Charities,  a  corporation 
of  the  State  of  Ohio,  with  its  principal  offices  at  Canton,  Ohio,  to  be 
paid  out  for  the  benefit  of  the  poor  of  said  city,  only,  and  by  order  of  the 
Board  of  said  Associated  Chanties,  said  order  to  be  signed  by  the 
President  and  Secretary  of  said  corporation.  Said  Board  of  Trustees  shall 
file  annually  with  the  Council  on  the  first  day  of  January  in  each  year,  a 
full  report  showing  the  condition  of  said  fund.  Said  Board  of  Trustees 
shall  serve  without  compensation.  (March  28,  1904.) 
160— Funds  not  to  be  loaned  to  trustees. 

Sec.  160.  No  part  of  said  fund  shall  belong  to  any  one  of  said  Trus- 
tees and  all  investments  of  said  fund  which  may  be  made  by  said  board 
shall  be  at  as  high  a  rate  of  interest  as  can  reasonably  be  secured.  (March 
28,  1904.) 


CHAPTER  XVIII 


HUCKSTERS  AND  PEDDLERS. 


Section.  Section. 

161.  Hawkers  and  peddlers  to  procure  license  163.    License  fee. 
from  Mayor.  164.  Penalty. 

162.  Not  transferable  without  permission  from  165.    Mayor's  fees. 
Mayor. 


161 —  Hawkers  and  peddlers  to  procure  license. 

Section  161.  No  hawker  or  peddler  shall  sell  or  offer  for  sale  am 
goods,  wares,  or  merchandise,  or  any  article  of  value,  within  the  limits 
of  the  City  of  Canton,  Ohio,  without  first  obtaining  from  the  Mayor  of 
said  city  a  license  therefor.    (October  28,  1895.) 

162—  Not  transferable  without  permission  from  Mayor. 

Sec.  162.  No  license  granted  or  issued  under  any  of  the  provisions 
of  this  ordinance,  shall  be  in  any  manner  assignable  or  transferable,  or 
shall  authorize  any  person  other  than  is  therein  mentioned  or  named  to  do 
business,  or  shall  authorize  any  other  business  than  is  therein  mentioned 
or  named  to  be  done  or  transacted,  or  the  business  therein  named  or 
mentioned  to  be  done  or  transacted  at  any  place  other  than  is  therein  men- 
tioned or  named,  without  permission  from  the  Mayor  of  said  city  endorsed 
thereon,  and  the  Mayor  shall,  at  the  time  of  granting  such  permission, 
immediately  record  such  change  upon  the  proper  register. 

Every  such  lincense  shall  specify,  by  name,  the  person,  firm  or  cor- 
poration to  whom  or  which  it  shall  be  issued,  and  shall  designate  the  par- 
ticular place  at  which  the  business  shall  be  carried  on.    (October  28,  1895  ) 

163—  License  fee. 

Sec.  163.  All  peddlers  or  hawkers  of  produce,  goods,  wares  or  mer- 
chandise from  vehicles  drawn  or  propelled  by  animals,  steam,  or  electric 
power  shall  pay  a  license  fee  as  follows : 

For  an  annual  license,  which  shall  entitle  said  peddler  or  hawker  to 
do  business  for  a  period  of  one  year  from  the  date  of  the  issuance  (hereof, 
the  sum  of  $25.00,  which  amount  shall  be  payable  at  the  time  the  appli- 
cation for  said  license  is  made;  for  a  semi-annual  license  which  shall  entitle 


HUCKSTERS  AND  PEDDLERS 


69 


said  hawker  or  peddler  to  do  business  for  a  period  of  six  months  from  and 
after  the  date  of  the  issuance  thereof,  the  sum  of  $15.00,  which  amount 
shall  likewise  be  payable  at  the  time  the  application  thereof  is  made ;  and 
for  a  daily  license  said  peddler  or  hawker  shall  pay  the  sum  of  $1.00 
for  each  and  every  day,  and  the  license  so  issued  shall  entitle  said  peddler 
or  hawker  to  do  business  for  a1,  period  of  one  day  only,  and  said  sum  of 
$i.oq  per  day  shall  be  paid  at  the  time  the  application  for  said  license 
is  made. 

The  peddlers  or  hawkers  of  produce,  goods,  wares,  or  merchandise 
from  vehicles  not  drawn  or  propelled  by  animal,  steam,  or  electric  power, 
shall  pay  a  license  fee  as  follows : 

For  an  annual  license,  as  above  described,  the  sum  of  $15.00;  for  a 
semi-annual  license,  the  sum  of  $10.00;  and  for  a  daily  license  the  sum  of 
fifty  cents  per  day,  which  various  sums  shall  be  paid  as  and  in  the  manner 
above  provided,  and  shall  entitle  the  holder  thereof  to  do  business  for  said 
period  only. 

Provided  the  provisions  of  this  ordinance  shall  not  be  so  construed 
as  to  require  the  owner  of  any  product  of  his  own  raising,  or  the  manu- 
facturer of  any  article  manufactured  by  him,  to  procure  license  to  vend 
or  sell  in  any  way,  by  himself  or  agent,  any  such  article  or  product ;  and 
provided  further  that  the  provisions  of  this  ordinance  shall  not  be  con- 
strued to  apply  to  children  under  the  age  of  fifteen  years,  who  peddle 
fruits,  nuts,  cakes,  candies,  or  refreshments,  or  venders  of  newspapers , 
provided  they  do  not  occupy  a  stand  on  any  street  or  public  ground  in 
the  city.    (October  28,  1895.) 

164—  Penalty. 

Sec.  164.  Whoever  violates  any  of  the  provisions  of  the  next  three 
preceding  sections  of  this  ordinance  shall  upon  conviction  be  fined  not 
less  than  three  dollars  ($3.00)  nor  more  than  ten  dollars  ($10.00),  and  the 
Mayor,  may,  if  he  so  deems  best,  revoke  the  license  theretofore  issued  to 
such  parties,  and  for  a  second  or  any  subsequent  offenses,  shall  be  fined  a 
like  amount  or  imprisoned  in  the  workhouse  for  any  period  not  exceeding 
thirty  days,  or  both,  at  the  discretion  of  the  Mayor.    (October  28,  1895  ) 

165—  Mayor's  fee. 

Sec.  165.  For  each  license  issued  under  the  provisions  of  this  ordi- 
nance the  Mayor  shall  collect  a  fee  of  twenty-five  cents  to  be  paid  by  the 
person  applying  therefor.    (October  28,  1895.) 


CHAPTER  XIX. 


JURIES. 


Section 

166.  Selection  and  drawing  of  jurrors. 

167.  Proceedings  on  failure  to  select  at  time 
named. 

168.  In  criminal  cases. 

169.  Challenges. 


Section. 

170.  Challenges. 

171.  Filling  panel. 

172.  Special  venire. 

173.  Presence  of  accused  or  attorney  at  drawing. 


166—  Selection  and  drawing  of  jurrors. 

Section  166.  On  the  first  Monday  of  May,  yearly,  the  Mayor  and 
President  of  the  City  Council  shall  select  one  hundred  names  of  residents 
of  the  city  having  the  qualifications  of  jurors  in  the  Court  of  Common 
Pleas  and  Justice  Courts,  equally  distributed  as  near  as  may  be  among 
the  wards  of  said  city  according  to  the  population  ;  and  names  shall  be 
written  on  separate  strips  of  paper  and  placed  in  a  box,  which  box  shall 
have  all  names  which  may  be  therein  taken  therefrom  before  placing  new 
names  therein,  to  be  kept  by  the  Mayor,  and  if  during  any  year  the  names 
in  said  box  shall  be  reduced  to  less  than  twelve,  the  Mayor  and  President 
of;  the  Council  shall  again  select  and  place  in  such  box  a  like  number  of 
na/mes  as  hereinbefore  provided,  after  all  the  names  remaining  in  such 
box  have  been  taken  therefrom.    (February  6,  1882.) 

167—  Proceedings  on  failure  to  select  at  time  named. 

Sec.  167.  If  the  Mayor  and  President  of  the  Council  in  any  year 
fail  to  select  such  names  and  place  them  in  a  box  as  provided  by  the  first 
section  of  this  chapter  at  the  time  therein  required,  the  same  may  be  done 
by  them  at  any  time  thereafter.    (February  6,  1882.) 

168—  In  criminal  cases. 

Sec.  168.  When  any  person  or  persons  accused  of  a  violation  of  any 
ordinance  of  said  city,  of  misdemeanor  against  the  laws  of  the  State  of 
(  )hio,  and  not  pleading  guilty  thereto,  shall  not  waive  a  trial  by  jury, 
before  the  trial  of  such  person  or  persons  has  commenced,  the  Mayor  shall 
draw  from  the  box  provided  for  by  the  first  section  of  this  chapter  twelve 
names,  and  shall  issue  a  summons  for  the  persons  whose  names  are  so 
drawn  to  appear  as  jurors  for  the  trial  of  such  person  or  persons,  and 


JURIKS  71 

such  summons  shall  by  the  Chief  of  Police  be  served  personally,  or  at 
their  usual  place  of  residence  in  the  manner  provided  by  law  for  the  sum- 
moning of  jurors  by  the  Justice  of  the  Peace,  and  return  shall  be  made 
of  such  service.    (May  2,  1903.) 

169—  Challenges. 

Sec.  169.  The  prosecution  may  peremptorily  challenge  two  of  the 
panel,  and  each  person  or  persons  so  charged  with  violation  of  any  ordi- 
nance of  said  city,  or  misdemeanor  against  the  laws  of  the  State,  shall  be 
entitled  to  challenge  two  of  the  panel  peremptorily.    (February  6,  1882.) 

170—  Challenges. 

Sec.  170.  If  any  juror  or  jurors  be  peremptorily  challenged,  or,  if 
upon  inquiry,  any  such  jurors  be  found  incompetent  for  good  cause  shown, 
and  upon  challenge  therefor  by  either  the  prosecution  or  any  of  the  ac- 
cused, such  juror  or  jurors  so  challenged,  either  peremptorily  or  for  cause, 
shall  be  excused  by  the  Mayor.  The  grounds  for  challenge  for  cause  shall 
be  the  same  as  those  in  the  Court  of  Common  Pleas.    (February  6,  1882.) 

171—  Filling  panel. 

,Sec.  171.  If  any  person  summoned  as  hereinbefore  provided,  shall  fail 
to  appear,  or  be  peremtorily  challenged,  or  be  challenged  upon  inquiry 
for  cause,  the  panel  shall  be  filled  by  the  Chief  of  Police  or  other  officer 
appointed  by  the  Mayor  to  attend  Mayor's  court  at  the  time  from  the 
bystanders  as  panels  are  filled  in  the  Courts  of  Comimon  Pleas,  unless  be- 
fore such  panel  is  filled,  either  party  demand  that  such  panel  be  filled  as 
in  the  following  section  herein  provided.    (June  18,  1906.) 

172—  Special  venire. 

Sec.  172.  In  case  the  panel  is  not  filled  by  such  juror  or  jurors  failing 
to  attend,  or  being  challenged  peremptorily  or  for  cause ;  upon  demand  to 
the  Mayor  by  either  the  prosecution  or  the  person  or  persons  so  charged 
with  such  violation  of  any  ordinance  of  said  city,  or  misdemeanor  against 
the  laws  of  the  State  of  Ohio,  before  the  Chief  of  Police  or  attending  officer 
of  the  Mayor's  court  shall  have  filled  the  panel  from  the  bystanders,  a 
special  venire  shall  issue  for  as  many  men  as  in  the  judgment  of  the  Mayor 
shall  be  necessary  to  fill  the  panel  as  talesmen,  and  thereupon  the  Mayor 
shall  draw  from  the  box  provided  for  in  section  166  of  this  chapter,  as 
many  names  as  in  his  judgment  will  be  necessary  to  fill  the  panel  to 
serve  as  talesman  or  talesmen,  and  he  shall  thereupon  issue  a  summons  for 


72 


REVISED  ORDINANCES 


the  persons  whose  names  are  so  drawn  to  appear  as  jurors  for  the  trial  of 
such  person  or  persons,  commanding  them  to  appear  forthwith,  and  shall 
be  served  as  provided  for  on  section  168  of  this  chapter,  for  serving  the 
regular  jury  in  such  case.    (June  18,  1906.) 
173 — Presence  of  accused  or  attorney  at  drawing. 

Sec.  173.  The  person  or  persons  so  accused  of  such  violation  of 
any  city  ordinance  of  this  city  or  misdemeanor  against  the  laws  of  the 
State  of  Ohio,  shall  have  the  right  and  privilege  to  be  present  either 
in  person  or  by  attorney  at  the  drawing  of  such  jury  and  at  the  drawing 
of  such  special  venire.    (February  6,  1882.) 


CHAPTER  XX 


MARKETS. 


Section. 

174.  Market  house  and  grounds.    Market  days. 

175.  Hours.    Articles  not  to  be  re-sold. 

176.  Market  places. 

177.  Weights  and  measures.  Forfeitures. 

178.  Unsound  meats  and  vegetables,  etc. 

179.  Cleaning,  etc. 


Section. 

180.    Shall  not  deposit  filth,   etc.     Injuries  to 


market  house. 

181.  Must  not  obstruct  entrance  or  aisle. 

182.  Standards  and  tests. 

183.  Duties  of  Marketmaster. 

184.  Duties  of  Marketmaster. 

185.  Penalty. 


174— Market  house  and  grounds.    Market  days. 

Section  174.  The  market  portion  of  the  building  known  as  the 
Market  House  and  Auditorium  Building  of  the  City  of  Canton  together  with 
all  the  sidewalks  surrounding  said  building  between  the  central  entrance 
on  the  south  side  thereof ;  thence  east  to  Court  Street ;  thence  north  to 
Second  Street,  and  thence  west  to  the  central  entrance  on  the  north  side 
of  said  building,  all  of  Third  Street  between  a  line  drawn  at  right  angles 
to  the  central  entrance  on  the  south  line  of  said  building  and  the  east 
line  of  Court  Street ;  Court  Street  between  the  south  line  of  Third  Street 
and  the  north  line  of  Second  Street,  and  Second  Street  between  the  east 
line  of  Court  Street  and  a  line  drawn  at  right  angles  to  the  central  entrance 
of  said  building,  be  and  are  hereby  declared  a  public  market  place  and 
grounds. 

The  minimum  rent  to  be  charged  for  stalls  in  said  market  house 
shall  be  as  follows  : 

Stalls  numbers  4,  8,  9,  13,  23,  24,  Seventy-Five  Dollars  ($75.00). 

Stalls  numbers  1,  2,  3,  5,  6,  7,  10,  11,  12,  14,  15,  16,  17,  18,  19,  20, 
27,  28,  29,  30,  Sixty  Dollars  ($60.00.) 

Stalls  numbers  21  22,  25,  26,  Fifty  Dollars  ($50.00). 

The  minimum  rent  to  be  charged  for  side  walk  stands  outside  said 
Market  House  shall  be  Two  Dollars  ($2.00)  per  month  for  ten  feet  along 
the  wall  of  the  building  by  six  feet  in  depth,  and  the  same  rates  for 
standing  vehicles  against  the  curb. 

No  stall  or  market  space  shall  be  rented  for  a  shorter  period  than  six 
months,  nor  for  a  longer  period  than  one  year  at  a  time.  All  renters 
of  outside  space  shall  not  put  up  any  stand  or  stall  that  is  not  approved 


74 


REVISED  ORDINANCES 


by  the  Board  of  Public  Service  and  such  stands  or  stalls  shall  not  be 
allowed  to  remain  thereon  outside  of  market  hours.  Prior  to  the  opening 
of  said  Market  House  for  market  purposes,  the  Board  of  Public  Service 
shall  cause  said  stalls  and  stands  to  be  offered  at  public  auction  and 
disposed  of  to  the  highest  responsible  bidder  at  not  less  than  the  aforeaid 
minimum  prices.  (January  16,  1905.) 
175  —Articles  not  to  be  re=so!d. 

Sec.  175.  No  provisions  or  other  articles  whatever  shall  be  sold  in 
the  Market  House  or  upon  the  market  space,  on  days  of  market  before 
market  hours.  Nor  shall  any  person  purchase  or  engage  to  purchase 
within  the  Market  House,  or  space,  during  the  market  hours  any  article 
for  the  purpose  of  reselling  the  same.    (March  24,  1884.) 

176—  Market  place. 

Sec.  176.  It  shall  be  unlawful  for  any  person  having  articles  of 
marketing  for  sale  to  obstruct  or  otherwise  occupy  any  public  street, 
alley  or  public  ground  in  the  city  for  such  sale  unless  the  same  shall 
have  been  dedicated  by  the  Council  as  a  market  ground  or  space ;  provided, 
that  if  the  market  ground  space  so  dedicated  is  inadequate  to  accommo- 
date market  men  and  teams,  it  shall  be  lawful  for  them  to  stand  upon  and 
occupy  the  streets  and  alleys  contiguous  to  said  market  grounds  or  place 
under  the  direction  of  the  Marketmaster ;  provided,  that  nothing  in  this 
section  contained  shall  be  so  construed  as  to  prohibit  any  farmer  or  pro- 
ducer from  selling  at  any  time  within  the  corporation  during  market 
hours  any  article  of  provision  or  vegetables  grown  or  produced  by  him. 
(March  24,  1884.) 

177—  Weights  and  measures. 

Sec.  177.  All  weights  and  measures  used  in  the  market  aforesaid 
shall  conform  to  the  standard  fixed  by  the  State,  and  when  required  shalt 
be  tested  by  the  Marketmaster  or  some  one  authorized  by  him,  and  any 
butter  or  other  article  or  articles  of  any  kind  or  character  sold  or  offered 
for  sale  in  the  Market  House,  or  any  stand  or  stall  therein  or  upon  the 
market  place,  which  shall  not  be  of  full  standard  weight  or  measure  shall 
be  forfeited  to  the  icity  and  sold  by  the  Marketmaster,  and  the  proceeds 
thereof  paid  into  tlie  City  Treasury;  and  it  shall  be  unlawful  for  any 
person  or  persons  to  sell  or  offer  for  sale  any  article  or  articles  of  short 
weight  or  measure  as  aforesaid,  or  to  sell  any  article  or  dry  measure  in  any 


MARKETS 


75 


flowing  or  wine  measure,  whether  by  pint,  quart,  or  other  contents. 
(March  24,  1884.) 

178—  Unsound  meats  and  vegetables. 

Sec.  178.  It  shall  be  unlawful  for  any  person  or  persons  to  sell 
or  offer  for  sale  in  this  city  any  calf  cinder  four  (4)  weeks  old  or  the  meat 
thereof,  or  any  unwholesome,  stale,  blown,  tainted,  decayed  or  unsound 
meat,  fish,  eggs,  poultry,  butter,  or  meat  of  any  animal  overheated  or 
run  down  at  the  time,  or  before  the  same  was  slaughtered,  or  which  died 
a  natural  death,  or  was  killed  by  any  other  means  than  the  usual  means 
of  slaughtering  animals  for  food ;  and  it  shall  be  the  duty  of  the  Market- 
master  of  the  markets  to  seize  and  destroy  all  such  unwholesome  pro- 
visions enumerated  in  this  section,  in  addition  to  the  penalty  affixed  for  a 
violation  of  this  chapter.    (March  24,  1884.) 

179 —  Cleaning,  etc. 

Sec.  179.  Within  one  hour  after  the  closing  of  the  markets  every 
market  man  shall  cause  his  provisions  and  vehicles,  if  he  have  any,  to  be 
removed  from  the  Market  House  or  space,  and  his  bench  or  stand  to  be 
thoroughly  cleaned,  and  all  animal  and  vegetable  rubbish  and  offal  to  be 
removed  from  the  Market  House  or  space,  and  such  butcher  shall  cause 
his  tables,  meat  blocks  and  other  fixtures  to  be  thoroughly  scraped  and 
cleaned.    (March  24,  1884.) 

180—  Shall  not  deposit  filth,  etc.— Injuries  to  market  house. 

Sec.  180.  It  shall  be  unlawful  for  any  person  to  throw  or  deposit 
any  animal  or  vegetable  offal,  filth,  meat,  dead  animal  or  fowl,  fish  or 
any  noisome  substance  in  said  Market  House  or  space  or  post  bills  on  or 
break,  injure  or  in  any  manner  deface;  any  parts  of  said  Market  House. 
(March  24,  1884.) 

181 —  Must  not  obstruct  entrance  or  aisle. 

Section  181.  Any  person  occupying  a  stand  or  stall  at  the  Market 
House  who  shall  place  or  cause  to  be  placed  or  the  same  being  his 
property,  permits  any  barrel,  box,  basket,  bench,  shelf  or  any  other  matter 
or  thing  at  or  near  any  entrance  to  said  market  house,  so  as  to  obstruct 
or  interfere  with  such  entrance  or  cause  the  aisle  leading  to  such  entrance 
tci  be  of  less  width  than  such  entrance,  or  place  in  such  manner  as  to  in 
any  way  obstruct  the  windows  thereof,  shall  upon  conviction  thereof 


7b 


REVISED  ORDINANCES 


before  the  Mayor  be  fined  in  any  sum  not  less  than  One  Dollar  ($1.00) 
nor  more  than  Twenty-Five  Dollars  ($25.00)  and  costs. 

No  license  will  be  granted  to  exceed  a  year  and  no  person  shall  be 
permitted  to  sell  anything"  in  said  market  place  without  a  license.  The 
days  and  hours  of  keeping  the  market  place  open,  together  with  other 
regulations  shall  be  left  to  the  Board  of  Public  Service,  and  said  board 
shall  have  power  to  establish  and  from  time  to  time  alter  or  repeal  regu- 
lations for  the  government  of  the  market,  which  shall  be  printed  and  posted 
in  a  conspicuous  manner  in  the  Market  House.    (January  16,  1905.) 

182—  Standards  and  tests. 

Sec.  182.  The  Marketmaster  shall  keep  at  some  convenient  place,  all 
necessary  implements  for  weighing  or  measuring  duly  stamped  and  certi- 
fied by  the  sealer  of  weights  and  measures  of  said  city,  and  with  whom  he 
shall,  whenever  he  may  deem  it  necessary  or  be  requested  so  to  do,  test  all 
suspected  weights  and  measures  belonging  to  the  Market  House,  and  in 
his  charge,  to  be  used  for  any  other  purpose  than  those  specified  in  this 
chapter.    (March  24,  1884.) 

183—  Duties  of  Marketmaster. 

Sec.  183.  The  Marketmaster  shall  enforce  all  the  provisions  ,'cf 
city  ordinances,  and  all  orders  and  resolutions  of  Council  relating  to 
markets ;  and  shall  have  general  supervision  of  said  markets  ;  arrest  and 
remove  therefrom  all  persons  guilty  of  disorderly  conduct,  and  all  persons 
failng!  to  obey  the  legal  orders  of  such  officer ;  and  assign  positions  to 
persons  attending  said  markets  having  neither  stand  nor  stall ;  arrange 
wagons  or  other  vehicles  in  such  manner  as  best  to  accommodate  buyers 
and  sellers,  and  may  remove  therefrom  any  wagon  or  other  vehicle  brought 
to  or  kept  in  said  market  space  contrary  to  his  legal  order  or  the  ordi- 
nances of  the  city.    (March  24,  1884.) 

184—  Duties  of  Marketmaster. 

Sec.  184.  It  shall  be  the  duty  of  the  Marketmaster  to  sweep  or  cause 
to  be  swept  the  Market  House,  and  (ait side  walks  and  space  before  eacn 
market  day.  and  the  Market  Mouse  washed  at  least  once  a  week.  He 
shall  keep  the  Market  House  and  space  clean  and  in  good  order.  He  shall 
announce  in  loud  and  distinct  voice  or  tone  the  opening  and  closing  of 
the  markets,  and  shall  monthly  report  to  the  Council  and  pay  into  the  City 
Treasury  all  moneys  received  by  him  from  any  source  whatever,  and  per- 


MARKETS 


77 


form  such  other  duties  as  may  now  or  hereafter  be  devolved  on  him 
by  any  resolution  or  ordinance  of  the  City  Council,  and  to  better  enable 
the  Marketimaster  to  perform  his  duties  efficiently,  he  shall  possess  police 
powers  in  all  matters  appertaining-  thereto ;  and  no  smoking'  shall  be 
allowed  in  the  Market  House  during  market  hours.  (March  24,  [884.) 
185— Penalty. 

Sec.  185.  Any  person  violating  any  provisions  or  either  of  them 
contained  in  this  chapter  or  resisting-  or  interfering  with  said  Marketmaster 
in  the  discharge  of  his  duties,  shall  on  convction  thereof  before  the  Mayor, 
be  fined  in  any  sum  not  less  than  one  nor  more  than  twenty-five  dollars 
and  costs,  or  be  imprisoned  in  the  city  prison  not  more  than  thirty  (30) 
days,  or  both,  at  the  discretion  of  the  Mayor.    (  March  24,  1884.) 


CHAPTER  XXI. 


MISDEMEANORS. 


Section. 

186.  Disturbing  public  peace.  Penalty. 

187.  Penalty  for  second  offense. 

188.  Unlawful  obstruction  of  sidewalks,  etc. 
Penalty. 

189.  Marshal's  duty. 

190.  Gate  swinging  upon  or  across  streets,  etc. 

191.  Penalty. 

192.  Placing   tacks,   etc.  on  streets  and  side- 
walks. Penalty. 

193.  False  fire  alarms.  Penalty. 

194.  Disturbing  peace  by  loud  outcries.  Penalty. 

195.  Insulting  language  by  boys. 

196.  Disturbance  by  boys. 

197.  Boys  on  streets  at  night. 

198.  Penalty. 

199.  Arrest  of  boys. 

3oo.  Children  on  streets  at  night. 

201.  Duty  of  police. 

20?.  Duty  of  Parents.  Penalty. 

203.  Children  using  cigarettes.  Penalty. 

204.  Jumping  on  street  cars  in  motion. 

205.  Penalty. 

206.  Disturbing  peace. 

207.  Broils. 

208.  Disorderly  conduct. 

209.  Abusing  family. 

210.  Provoking  breach  of  peace. 

211.  Penalty. 

212.  Persons  on  "Black  List''  not  to  enter  saloons 

213.  Penalty. 

214.  Minor  not  to  enter  saloon. 

215.  Minor  not  to  drink  or  purchase  liquor. 

216.  Penalty. 

217.  Vagrants,  beggars,  etc. 
2:8.  Obscene  books,  papers,  etc. 

219.  Penalty. 

220.  Selling  on  Sunday. 

221.  Intoxication. 

222.  Disorderly  houses. 

223.  Disorderly  houses. 

224.  Penalty. 

225.  Suspicious  persons  defined. 

226.  Penalty. 

227.  Bathing  in  creeks. 

228.  Penalty. 

229.  Loitering. 

230.  Penalty. 

231.  Duty  of  police. 

232.  Assault  and  battery.  Penalty. 

233.  Resisting  officer.  Penalty. 

234.  Molesting  or  insulting  females.  Penalty. 

235.  Pickpockets.  Penalty. 

336.  Use  of  firearms.    Penalty.  Proviso. 


Section. 

237.  Indecent  exposure. 

238.  Penalty. 

239.  Houses  of  ill-fame. 

240.  Residing  in. 

241.  Penalty. 

242.  Vagranc}'.  Penalty. 

243.  Imprisonment. 

244.  Labor. 

245.  Disfiguring  buildings.  Penalty. 

246.  Destroying  trees,  shrubbery,  etc.  Penalty. 

247.  Hitching  horses  to  trees.  Penalty. 

248.  Disturbing  grave  stones,  etc.  Penalty. 

249.  Destroying  signs,  gates,  etc.  Penalty. 

250.  Entering  barn,  etc. 

251.  Sticking  bills. 

252.  Marking  buildings. 

253.  Penalty. 

254.  Posting  obscene  or  indecent  pictures. 

255.  Penalty. 

256.  Protection  of  fair  grounds. 

257.  Penalt}'. 

258.  Protection  of  lights. 

259.  Penalty. 

260.  Placing  solids  or  liquids  on  uninclosed 
grounds.  Proviso. 

261.  Penalty. 

262.  Steam  railroad  obstructing  street  or  alley. 

263.  Penalty. 

264.  Interference  with  City  Engineer. 

265.  Speed  in  streets. 

266.  Hitching  horses. 

267.  Processions,  etc. 

268.  Right  of  way  for  processions. 

269.  Skating  and  sliding  in  streets. 

270.  Lighting  building  material,  etc.  in  streets. 

271.  Stopping  or  standing  on  crosswalks. 

272.  Flying  kites  and  playing  ball. 

273  Obstruction  of  street  by  railroad  cars. 

274.  Penalty. 

275.  Obstruction  in  streets  and  public  places. 
Penalty. 

276.  Hauling  earth,  etc.  on  streets. 

277.  Penalty. 

278.  Prohibiting  planting  Lombardy  poplars. 

279.  Penalty. 

280.  Destroying  or  removing  pavement,  etc. 

281.  Hauling  gravel,  sand,  etc.  on  streets. 

282.  Penalty. 

283.  Permit  to  lay  gas  pipes,   streets  not  to  be 
torn  up  at  certain  times. 

284.  Throwing  rubbish,  etc.  into  Shriver's  rim. 
Penalty. 

285.  To  cut  weeds,  etc.  Penalty. 

286.  I  nterferiug  with  fire  department.  Penalty 


MISDEMEANORS 


186—  Disturbing  public  peace— Penalty. 

Section  186.  If  any  person,  or  persons  shall  at  any  time,  disturb  the 
peace  of  said  city  by  disorderly  conduct,  righting  or  wrangling,  threaten- 
ing violence  to  the  person  or  property  of  others,  riot,  tumult,  lascivious, 
obscene,  profane  or  scandalous  language,  or  immoral  conduct  by  the 
frndecent  exposure  of  his,  her  or  their  persons,  in  said  city,  such  person 
or  persons  shall,  on  conviction  thereof  before  the  Mayor,  be  fined  in  any 
sum  not  exceeding  fifty  dollars  and  the  costs  of  prosecution,  or  be  im- 
prisoned at  hard  labor  not  exceeding  fifteen  days,  or  by  such  fine  and 
imprisonment  both,  at  the  discretion  of  the  Mayor.     (August  30,  i860.) 

187—  Penalty  for  second  offense. 

Sec.  187.  If  any  person  or  persons,  having  been  once  convicted  of 
any  of  the  offenses  named  in  the  next  preceding  section  shall  be  convicted 
of  a  repeated  willful  commission  of  the  same  offense,  such  person  or 
persons  shall  be  fined  in  any  sum  not  exceeding  one  hundred  dollars  and 
be  imprisoned  at  hard  labor,  not  exceeding  thirty  days  ;  and  if  such  person 
or  persons  shall  refuse  or  neglect  to  pay  the  fine  imposed,  and  costs  of 
prosecution  ,  he  or  they  shall,  by  the  order  of  the  Mayor,  be  committed 
!to  imprisonment  at  hard  labor  until  such  fine  and  costs  shall  be  thereby 
paid,  or  the  party  be  discharged  by  due  process  of  law.   (August  30,  i860.) 

188—  Unlawful  obstruction  of  sidewalks,  etc.— Penalty. 

Sec.  188.  It  shall  be  unlawful  for  persons  to  assemble  or  congregate 
upon  any  of  the  sidewalks  or  public  highways,  or  to  stand  or  sit  about  the 
corners  of  any  of  the  streets,  alleys,  or  on  the  sidewalks  of  this  city,  unless 
detained  for  some  lawful  purpose,  to  the  obstruction  of  the  same  for  a  free 
and  convenient  passage  of  persons  who  are  lawfully  passing  along  any  of 
said  streets,  alleys  or  sidewalks ;  and  any  person  or  persons  who  shall  be 
guilty  of  so  assembling  or  congregating  on  any  of  said  streets,  alleys  or 
sidewalks,  and  there  remaining  or  continuing,  so  as  to  obstruct  the  free 
juse  of  the  same,  unless  upon  some  lawful  business  or  occasion,  or  shall 
interrupt,  annoy,  or  insult  by  word  or  act,  any  person  or  persons  lawfully 
passing  along  any  of  said  streets,  alleys  , or  sidewalks,  shall  on  conviction 
thereof  pay  a  fine  not  exceeding  five  dollars  and  costs  of  prosecution,  or  be 
imprisoned  not  exceeding  five  days,  or  both,  at  the  discretion  of  the 
Mayor.  For  every  repetition  of  the  offense  it  shall  be  lawful  for  the  Mayor, 
on  conviction  ,to  sentence  every  such  person  or  persons  to  pay  a  fine  not 


80 


REVISED  ORDINANCES 


exceeding  ten  dollars  and  the  costs  of  prosecution,  and  to  be  imprisoned 
at  hard  labor  until  such  fine  and  costs  be  paid,  or  the  party  be  discharged 
by  due  process  of  law.    (August  30,  i860.) 

189—  Chief's  duty. 

Sec.  189.  It  is  hereby  made  the  duty  of  the  Chief  of  Police  to  en- 
force the  provisions  of  section  188  of  this  chapter  and  if  he  shall  see  or 
shall  be  notified  of  the  violation  of  any  of  the  provisions  of  said  section, 
by  any  person  or  persons,  it  shall  be  his  duty  to  order  such  persons  to 
disperse  and  leave  the  passage  unobstructed,  or  in  case  such  person  or 
persons  or  any  of  them,  shall j  neglect  or  refuse  to  obey  the;  order  of  the 
Chief  of  Police,  he}  shall  immediately  arrest  such  person  or  persons  sg 
refusing  to  obey  his  order,  and  take  him  or  them,  or  any  of  them,  betore 
the  Mayor,  to  be  punished  'according  to  the  provisions  of  the  next 
preceding  section.    (June  18,  1906.) 

190—  Gate  swinging  upon  or  across  street,  etc. 

Sec.  190.  It  shall  be  unlawful  for  any  owner  or  occupant  of  any 
land,  lot  or  part  of  lot,  bounding  and  abutting  upon  any  streets,  alleys,  or 
public  way  or  grounds,  within  the  City  of  Canton,  Ohio,  to  permit  any  gate 
situated  upon  such  land ;  lot  or  part  of  lot,  to  swing  upon  or  across  such 
street,  alley,  public  way  or  ground,  except  for  such  length  of  time  as 
shall  be  necessary  for  ingress  and  egress,  and  at  all  other  times  such 
gates  shall  be  properly  closed.    (Oct.  26,  1896.) 

191—  Penalty. 

Sec.  191.  Any  person  violating  any  of  the  provisions  of  the  foregoing- 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  before  the  Mayor,  shall  be  fined  in  any  sum  not  less  than  One 
Dollar  '($i.oo),  nor  more  than  Ten  Dollars  ($10.00)  together  with  the 
costs  of  prosecution.    (October  26,  1896.) 

192—  Placing  tacks,  etc.  on  streets  and  sidewalks — Penalty. 

Sec.  192.  Whoever  places  or  causes  to  be  placed  in  or  upon  any 
avenue,  street,  sidewalk,  alley,  road,  highway  or  other  public  place:  any 
lack,  nail,  piece  of  iron,  pieces  of  wire  or  broken  wire,  broken  glass,  bottle, 
briar,  thorn,  or  other  substances  dangerous  to  bicycle  tires,  except  such 
substances  as  may  be  placed  on  any  avenue,  street,  sidewalk,  alley,  road, 
highway,  or  other  public  place  by  proper  authority  for  the  repair  or 
construction  of  the  same,  which  may  injure,  cut  or  puncture  any  pneu- 


MISDEMEANORS 


81 


matic  tire,  shall  upon  conviction  thereof  before  the  Mayor  of  said  city,  be 
fined  in  any  sum  not  exceeding  Fifty  Dollars  ($50.00)  and  pay  the  costs 
of  prosecution. 

193—  False  fire  alarms— Penalty. 

Sec.  193.  If  any  person  or  persons  shall  willfully  and  falsely  give 
an  alarm  of  fire  within  the  limits  of  the  city,  when  there  is  no  visible  sign 
oi  conflagration  within  said  limits,  by  uttering  a  cry  of  fire,  or  any  other 
sound  which  may  be  understood  and  taken  to  be  an  alarm  of  fire,  such 
person  or  persons  shall  be  deemed  guilty  of  disturbing  the  peace  and 
good  order  of  the  city,  and  shall,  on  conviction  thereof  before  the  Mayor, 
be  fined  in  any  sum  not  exceeding  fifty  dollars  nor  less  than  five  dollars 
and  the  costs  of  prosecution,  or  be  imprisoned  at  hard  labor  not  exceeding 
fifteen  days,  or  both,  at  the  discretion  of  the  Mayor.    (February  11,  1861.) 

194—  Disturbing  public  peace  by  outcries,  etc.— Penalty. 

Sec.  194.  Any  person  or  persons  who  shall  at  any  time  be  guilty  oi 
making  outcries  and  noises  in  the  city,  or  any  part  thereof,  not  warranted 
by  any  lawful  business  or  occasion,  and  shall  thereby  annoy  the  citizens 
and  disturb  the  quiet  of  any  neighborhood,  shall  be  deemed  guilty  of 
disturbing  the  peace  and  good  order  of  the  city,  and  on  conviction  thereof 
before  the  Mayor,  shall  be  fined  in  any  sum  not  exceeding  ten  dollars 
nor  less  than  two  dollars  and  costs  of  suit,  or  be  imprisoned  not  more 
than  five  days  nor  less  than  one  day,  at  the  discretion  of  the  Mayor. 
(February  n,  1861.) 

195—  Insulting  language  by  boys. 

Sec.  195.  It  shall  be  unlawful  hereafter  for  any  boy  under  the  age 
of  fifteen  and  over  the  age  of  five  years  to  be  found  using  any  insulting 
or  obscene  language  against  any  adult  person  within  the  city  limits. 
(November  13,  1862.) 

196—  Disturbances  by  boys. 

Sec.  196.  It  shall  be  unlawful  for  any  boy  between  the  ages  named 
in  section  195  of  this  chapter  to  be  found  yelling,  screaming,  hooting, 
swearing,  cursing,  quarreling,  fighting,  or  in  any  other  manner  creating 
a  noise  or  disturbance  by  any  disorderly  conduct  or  calling  an  adult  person 
or  persons  improper  names,  or  in  any  other  manner  insulting  or  abusing 
any  male  or  female  person  within  the  city  limits.    (November  14,  1867.) 


82 


REVISED  ORDINANCES 


197—  Boys  on  streets. 

Sec.  197.  It  shall  be  unlawful  for  any  boy  between  the  age  of  five 
and  fifteen  years,  to  be  found  one  hour  after  sunset  on  any  of  the  streets, 
alleys,  sidewalks,  or  other  places  of  public  resort  within  the  city  limits, 
except  he  be  engaged  in  a  becoming  manner  in  the  discharge  of  proper 
duties,  authorized  by  his  parents,  guardian,  or  employer,  and  not  merely 
found  passing  away  his  time  in  a  useless  and  idle  manner.  (November 
13,  1862.) 

198—  Penalty. 

Sec.  198.  For  each  and  every  violation  of  any  of  the  provisions  of 
sections  195,  196  and  197,  any  boy  found  so  offending  shall  pay  a  fine 
of  not  more  than  ten  and  not  less  than  one  dollar,  and  pay  costs  of  prose- 
cution, and  be  imprisoned  until  fine  and  costs  are  paid,  or  be  imprisoned 
for  a  period  of  not  less'  than  five  hours  and  not  more  than  forty-eight 
hours,  or  be  fined  and  imprisoned  as  aforesaid  at  the  discretion  of  the 
Mayor.    (November  13,  1862.) 

199—  Arrest  of  boys. 

Sec.  199.  The  Chief  of  Police  or  any  other  officers  of  the  city  police, 
shall  have  full  power,  and  it  is  hereby  made  their  duty,  to  arrest  without 
process  any  boy  or  boys  between  the  ages  heretofore  specified  found 
violating  any  of  the  provisons  of  section  195,  196  and  197.    (June  18,  1906.) 

200—  Children  on  streets  at  night. 

Sec.  200.  It  shall  be  unlawful  for  children  under  sixteen  years  of  age 
to  be  found  in  or  upon  any  of  the  streets,  alleys'  or  public  grounds  of  the 
City  of  Canton,  Ohio,  after  8:00  o'clock  P.  M.  between  the  1st  day  of 
December  and  the  1st  day  of  April  following,  or  later  than  9:00  o'clock 
P.  M.  between  the  1st  day  of  April  and  the  1st  day  of  December  following, 
unless  such  child  or  children  be  accompanied  by  its  parent  or  guardian 
or  shall  have  a  written  statement  dated  that  day  and  signed  by  such  parent 
or  guardian,  stating  that  such  child  is  on  an  errand  of  emergency  or  ne- 
cessity.   (August  7,  1899.) 

201—  Duty  of  police. 

Sec.  201.  Any  such  child,  except  it  be  accompanied  by  parent  or 
guardian,  or  bearing  a  written  statement  as  hereinbefore  provided,  found 
in  or  upon  any  of  the  streets,  alleys  or  public  grounds  of  said  city  after 
the  hours  above  Specified  shall  be  warned  by  any  police  officer  to  go 


MISDEMEANORS 


83 


immediately  to  its  home,  and  if,  after  such  warning  said  child  shall  refuse 
or  neglect  to  go  to  its  home  or  be  found  loitering  on  the  streets,  alleys  or 
public  grounds  of  said  city,  such  child  shall  be  taken  by  such  police  officer 
to  its  home  and  given  into*  charge  and  custody  of  its  parent  or  guardian. 
(August  7,  1899.) 

202—  Duty  of  parents — Penalty. 

Sec.  202.  Should  any  child  habitually  violate  the  provisions  of  this 
ordinance  the  Mayor  of  said  city  shall,  upon  information  to  the  facts, 
notify,  in  writing,  the  parent  or  parents  of  such  child,  and  in  case  such 
parent  or  parents  permit  such  child  to  continue  in  the  violation  of  the 
provisions  of  the  next  two  preceding  sections  of  this  ordinance,  he  shall 
upon  conviction  thereof  be  fined  in  any  sum  not  exceeding  five  ($5.00; 
dollars.    (August  7,  1899.) 

203—  Children  using  or  having  cigarettes — Penalty. 

Sec.  203.  Any  minor  under  16  years  of  age,  who  shall  be  found 
within  the  corporate  limits  of  the  City  of  Canton,  Ohio,  using  or  having 
in  his  possession  any  cigarette  or  cigarette  wrapper  or  any  substitute  for 
either,  or  any  cigar  or  tobacco,  shall  upon  conviction  thereof  before  the 
Mayor  of  said  city,  be  fined  in  any  sum  not  more  than  Five  ($5.00)  Dollars, 
any  pay  the  costs  of  prosecution  and  be  imprisoned  until  fine  and  costs  are 
paid.    (Dec.  6,  1897.) 

204—  Jumping  on  street  cars. 

Sec.  204.  It  shall  be  unlawful  for  any  person  or  persons  between 
five  and  eighteen  years  of  age  to  get  on  or  attempt  to  get  on  or  cling  to 
any  street  railway  car  or  car  in  the  City  of  Canton,  Ohio,  while  said  car  or 
cars  are  in  motion.   (March  11,  1895.) 

205—  Penalty. 

Sec.  205.  Any  person  or  persons  violating  the  provisions  of  the  pre- 
ceding section  shall  be  finel  in  any  sum  not  exceeding  Twenty-five  ($25.00) 
Dollars  at  the  discretion  of  the  Mayor.    (March  11,  1895.) 

206 —  Disturbing  peace. 

Sec.  206.  No  person  in  said  city  shall  disturb  the  peace  and  good 
order  or  quiet  of  the  city  by  clamor  and  noise  in  the  night  season,  or  by 
intoxication,  drunkenness,  fighting,  or  by  using  obscene  or  profane  language 
in  the  streets  or  other  public  places  of  the  city,  to  the  annoyance  of  its 
citizens.    (May  14,  1874.) 


84 


REVISED  ORDINANCES 


207—  Broilers. 

Sec.  207.  No  person  in  said  city  shall  create  or  take  part  in  any 
tumult,  broil  or  quarrel,  or  loud  or  angry  controversy  whereby  the  peace 
of  the  city  shall  be  violated.    (May  14,  1874.) 

208—  Disorderly  conduct. 

Sec.  208.  No  person  in  said  city  shall  violate  the  peace  and  good 
order  thereof  by  any  loud  or  lascivious  behavor,  or  by  any  indecent  or 
disorderly  conduct.    (May  14,  1874.) 

209—  Abusing  family. 

Sec.  209.  No  person  in  said  city  shall  abuse  his  or  her  family,  or  any 
member  thereof,  by  inflicting  personal  violence  or  by  other  gross  abuse. 
(May  14,  1874.) 

210—  Provoking  breach  of  peace. 

Sec.  210.  No  person  in  said  city  shall  willfully  do  any  act  or  use  any 
language  with  intent  to  provoke  a  breach  of  the  peace  of  said  city.  (May 
14,  1874.) 

211—  Penalty. 

Sec.  211.  Any  person  found  guilty  of  violating  any  of  the  next  pre- 
ceding five  sections  of  this  chapter  shall  suffer  and  pay  a  fine  of  not  more 
than  thirty  dollars,  or  be  imprisonel  not  more  than  thirty  days,  or  shall 
suffer  both  fine  and  imprisonment,  at  the  discretion  of  the  court ;  but  for  a 
second  offense  against  any  such  section  such  imprisonment  may  be  for 
ninety  days  or  less.    (May  14,  1874.) 

212—  Persons  on  "  Blacklist "  not  to  enter  saloons. 

Sec.  212.  It  shall  be  unlawful  for  any  person,  on  account  of  whose 
intoxication,  habitual  or  otherwse,  notice  has  been  given  as  and  in  the 
manner  provided  for  in  section  4358  of  the  Revised  Statutes  of  the  State  of 
Ohio,  as  amended  April  23rd,  1898,  from  and  after  five  days  from  the 
date  of  the  giving  of  such  notice  to  enter  any  saloon,  room  or  place  within 
the  corporate  limits  of  the  City  of  Canton,  Ohio,  where  intoxicating  liquors 
are  dispensed,  sold  or  offered  for  sale,  and  there  drink,  or  purchase,  or 
attempt  to  purchase  any  intoxicating  liquors ;  or  to  enter  or  frequent  such 
saloon,  room  or  place  where  intoxicating  liquors  are  sold  or  dispensed  or 
offered  for  sale,  other  than  for  the  purpose  of  transacting  lawful  and 
legitimate  business  with  the  owner,  proprietor  or  manager  thereof.  (May 
16,  [898.) 


MISDEMEANORS 


85 


213—  Penalty. 

Sec.  213.  Any  person  who  shall  violate  any  of  the  provisions  of  the 
foregoing  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  before  the  Mayor,  shall  for  the  first  offense  be  fined  in  any 
sum  not  less  than  five  dollars  ($5.00)  nor  more  than  twenty-five  dollars 
($25.00),  or  imprisoned  in  the  workhouse  for  not  less  than  ten  (10)  days, 
nor  more  than  thirty  (30)  days,  or  both ;  and  for  the  second  or  any 
subsequent  offense  such  person  shall  upon  conviction  thereof  before  the 
Mayor,  be  fined  in  any  sum  not  less  than  ten  dollars  ($10.00)  nor  more 
than  fifty  dollars  ($50.00),  and  be  imprisoned  in  the  workhouse  not  less 
than  ten  (10)  days  nor  more  than  ninety  (90)  days,  and  shall  in  all  cases 
pay  the  cost  of  prosecution.    (February  1,  1897.) 

214 —  Minor  not  to  enter  saloon. 

Sec.  214.  It  shall  be  unlawful  for  any  male  person  under  the  age  of 
twenty-one  (21)  years,  or  for  any  female  person  under  the  age  of  eighteen 
(18)  years,  to  enter  or  frequent  any  saloon  room  or  place  within  the  cor- 
porate limits  of  the  City  of  Canton,  Ohio,  where  intoxicating  liquors  art 
drank,  dispensed,  sold,  or  offered  for  sale,  except  such  person  on  his  or  her 
own  behalf,  or  on  behalf  of  the  parent,  guardian  or  employer  of  such 
person,  shall  enter  or  frequent  such  saloon,  room  or  place  for  the  purpose 
of  transacting  lawful  and  legitimate  business  with  the  owner,  proprietor 
or  manager  thereof.    (February  1,  1897.) 

215—  Minor  not  to  drink  or  purchase  liquor. 

Sec.  215.  It  shall  be  unlawful  for  any  male  person  under  the  age  of 
twenty-one  (21)  years,  and  for  any  female  person  under  the  age  of 
eighteen  (18)  years,  who  shall  enter  or  frequent  any  saloon,  room  or 
place  within  the  corporate  limits  of  the  City  of  Canton,  Ohio,  where  intoxi- 
cating liquors  are  drank,  dispensed,  sold,  or  offered  for  sale,  for  the  pur- 
pose of  transacting  business  as  provided  in  the  foregoing  section,  to  drink, 
purchase  or  attempt  to  purchase  for  him  or  herself,  or  others,  or  give  to 
others  any  intoxicating  liquors ;  and  it  shall  also  be  unlawful  for  the  owner 
or  proprietor  of  such  saloon,  roohn  or  place  where  intoxicating  liquors  are 
drank,  dispensed,  sold  or  offered  for  sale,  or  for  the  manager,  agent,  or 
clerk  of  such  owner  or  proprietor  to  give  or  offer  for  sale  any  intoxicating 
liquors  to  such  person.    (February  1,  1897.) 


86 


REVISED  ORDINANCES 


216—  Penalty. 

Sec.  216.  Any  person  who  shall  violate  any  of  the  provisions  of  the 
next  two  preceding-  sections  of  this  ordinance,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  before  the  Mayor,  shall, 
for  the  first  offense  be  fined  in  any  sum  not  less  than  five  dollars  nor  more 
than  twenty-five  dollars,  or  imprisoned  in  the  workhouse  foi  not  less  than 
ten  days  nor  more  than  thirty  days,  or  both  ;  and  for  the  second  or  any 
subsequent  offenses  such  person  shall,  upon  conviction  thereof  before  the 
Mayor,  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more  than  fifty 
dollars,  and  be  imprisoned  in  the  workhouse  not  less  than  ten  days  nor 
more  than  ninety  days,  and  shall  in  all  cases  pay  the  costs  of  prosecution. 
(February  1,  1897.) 

2 17—  Vagrants,  beggars,  etc. 

Sec.  217.  If  any  person  shall  be  found  guilty  of  being  a  vagrant,  a 
common  street  beggar,  a  common  prostitute,  an  habitual  disturber  of  the 
peace,  or  of  being  a  known  pickpocket,  gambler,  watch  stuffer,  ball  game 
player,  or  shall  be  found  to  be  one  who  practices  any  trick,  game  or  device, 
with  intent  to  swindle,  such  person  shall  suffer  like  fine  and  imprisonment, 
or  both,  as  is  provided  in  section  211.    (May  14,  1874.) 

218—  Obscene  books,  papers,  etc. 

Sec.  218.  The  sale  and  exposure  for  sale  within  the  corporate  limits 
of  said  city,  of  books,  papers  and  periodicals  of  an  obscene  or  immoral 
nature,  that  tend  to  corrupt  the  minds  of  the  young,  be  and  the  same  are 
hereby  prohibited.  But  nothing  in  this  secton  shall  be  construed  to  affect 
the  sale  and  exposure  for  sale  of  standard  medical  books,  pamphlets,  and 
periodicals,  or  any  other  books,  pamphlets  and  periodicals  of  a  useful  scien- 
tific nature.    (July  27,  1885.) 

219—  Penalty. 

Sec.  219.  Any  person  or  persons  found  violating  any  one  of  the 
provisions  mentioned  in  the  section  next  preceding,  shall,  upon  conviction 
before  the  Mayor  of  said  city  be  fined  not  more  than  fifty  dollars  or  im- 
prisoned in  the  prison  of  the  city  not  more  than  thirty  days  or  both  at  the 
discretion  of  the  Mayor,  and  pay  the  costs  of  prosecution.    (July  27,  1885.) 

220—  Selling  on  Sunday— Penalty. 

Sec.  220.  The  sale  of  intoxicating  liquors,  whether  distilled,  malt  or 
vinous,  on  the  first  day  of  the  week,  commonly  called  Sunday,  except  by 


MISDEMEANORS 


S7 


a  regular  druggist  on  the  written  prescription  of  a  regular  practicing 
physician,  for  medical  purposes  only,  is  hereby  declared  unlawful,  and  all 
places  where  such  intoxicating  liquors  are  on  other  days  sold,  or  exposed 
for  sale,  excepting  regular  drug  stores,  shall  on  that  day  be  closed,  and 
whoever  makes  such  sale,  or  allows  any  such  place  to  be  opened  or  remain 
open  on  that  day,  shall  upon  conviction  before  the  Mayor  be  fined  in  any 
sum  not  exceeding  One  Hundred  ($100)  Dollars  or  be  imprisoned  not  ex- 
ceeding thirty  (30)  days  or  both,  in  the  discretion  of  the  Mayor.  (March 
H>  1895.) 

221—  Intoxication. 

.Sec.  221.  Any  person  who  shall  in  this  city  be  found  in  a  state  of  in- 
toxication in  any  street,  highway,  or  other  place,  in  any  public  hall,  lecture, 
church,  concert  or  ball  room,  or  in  any  hotel,  saloon,  grocery,  or  boarding 
house,  shall,  on  conviction  thereof,  be  fined  in  any  sum  not  exceeding 
twenty  dollars,  or  be  imprisoned  for  any  period  not  exceeding  ten  days, 
or  both,  at  the  discretion  of  the  court.    (June  22,  1874.) 

222—  Disorderly  houses. 

Sec.  222.  No  person  shall  keep  a  disorderly  house,  or  place,  or 
house  for  the  resort  of  persons  of  bad  reputation,  or  immoral  character, 
to  resort  or  congregate.    (May  14,  1874.) 

223—  Disorderly  houses. 

Sec.  223.  No  person  shall  suffer  to  be  committed  in  any  house, 
building,  or  premises  by  him  or  her  kept  or  occupied,  any  immoral  or 
indecent  acts,  or  any  tippling,  or  drunkenness,  or  any  loud  or  boisterous 
conversation,  or  any  noise  offensive  to  good  morals,  or  tending  to  disturb 
the  public  peace  and  quiet.    (May  14,  1874.) 

224—  Penalty. 

Sec.  224.  Any  person  violating  any  provision  of  sections  222  or  223, 
shall  be  fined  in  any  sum  not  exceeding  fifty  dollars,  or  be  imprisoned  for 
any  period  not  exceeding  thirty  days,  or  both  at  the  discretion  of  the  court. 
(May  14,  1874.) 

225—  Suspicious  person— Who  is. 

Sec.  225.  Any  person  loitering  about  any  bar  room,  dram  shop, 
gambling  house,  house  of  ill  fame,  or  wandering  about  the  streets,  either  by 
day  or  night,  in  the  City  of  Canton,  Ohio,  without  any  lawful  means  of 
support  and  without  being  able  to  give  any  reasonable  account  of  himself, 


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REVISED  ORDINANCES 


or  of  property  found  in  his  possession,  or  obtains  his  living  by  criminal 
means  and  practice,  or  is  the  companion  and  associate  of  criminal  and 
dissolute  persons,  shall  be  deemed  and  held  to  be  a  suspicious  person 
(July  i,  1895.) 

226—  Penalty. 

Sec.  226.  Any  person  violating  the  provisions  of  the  next  preceding 
section,  shall  upon  conviction  thereof,  be  fined  for  the  first  offense  not 
less  than  one  dollar  nor  more  than  fifty  dollars,  or  imprisoned  in  the  work- 
house for  thirty  days  or  both ;  for  the  second  offense  not  less  than  fifteen 
dollars  nor  more  than  fifty  dollars  or  imprisoned  in  the  workhouse  ninety 
days  or  both  ;  and  for  the  third  offense  not  less  than  twenty-five  dollars 
nor  more  than  fifty  dollars,  or  imprisoned  in  the  workhouse  six  months 
or  both,  at  the  discretion  of  the  Mayor,  and  shall  pay  the  costs  of  prose- 
cution.   (July  1,  1895.) 

227 —  Bathing  in  creeks,  etc. 

Sec.  227.  It  is  hereby  declared  unlawful  for  any  person  to  bathe 
or  swim  in  any  creek  or  water  course  or  in  any  dam  or  mill  pond  within 
the  corporate  limits  of  the  City  of  Canton  after  sunrise  or  before  sunset. 
(August  15,  1870.) 

228—  Penalty. 

Sec.  228.  Any  person  who  shall  violate  the  next  preceding  section 
shall  suffer  and  pay  a  fine  of  not  less  than  one  dollar  nor  more  than 
five  dollars,  or  be  imprisoned  in  the  jail  of  the  city  not  more  than  one  day. 
All  prosecutions  under  said':  section  shall  be  by  affidavit  made  before  the 
Mayor.    (August  15,  1870) 

229—  Loitering. 

Sec.  229.  It  shall  be  unlawful  for  any  person  or  persons  to  loiter 
about  or  congregate  upon  or  occupy  any  of  the  sidewalks  or  any  of  the 
corners  of  any  street  or  alley  of  the  city,  or  to  loiter  about  or  congregate 
so  as  to  occupy  any,  of  the  sidewalks  in  front  of  any  dwelling  or  place  of 
business  or  in  front  of  any  place  of  worship  or  any  place  of  amusement 
in  the  city,  provided  that  such  person  or  persons  have  no  occupation  or 
business  at  such  place  or  places.    (July  15,  1889.) 

230—  Penalty. 

Sec.  230.  Whoever  violates  any  of  the  provisions  of  section  229  shall, 
upon  conviction  thereof,  before  the  Mayor  be  fined  for  the  first  offense  not 


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89 


less  than  one  or  more  than  ten  dollars,  and  for  each  subsequent  offense 
not  less  than  five  nor  more  than  fifty  dollars.    (July  15,  1889.) 

231—  Duties  of  police. 

Sec.  231.  It  shall  be  the  duty  of  the  police  to  arrest  any  person  found 
violating  the  provisions  of  section  229.    (July  15,  1889.) 

232—  Assault  and  battery— Penalty. 

Sec.  232.  Any  person  who  shall  within  the  limits  of  this  city,  unlaw- 
fully assault  or  threaten  another  in  a  menacing  manner,  or  shall  unlaw- 
fully strike  or  wound  another,  shall  be  deemed  guilty  of  an  offense,  and  on 
conviction  thereof  shall  be  fined  in  the  sum  not  exceeding  fifty  dollars 
and  the  costs  of  prosecution,  or  imprisoned  not  exceeding  sixty  days  or 
both  at  the  discretion  of  the  court.   (April  3,  1889.) 

233—  Resisting  officer — Penalty. 

Sec.  233.  Whoever  knowingly  and  willfully  resists,  obstructs  or  abuses 
any  regular  or  special  police  officer,  or  any  other  officer  of  the  City  of  Can- 
ton, Ohio,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  before  the  Mayor,  shall  be  fined  not  more  than  fifty  dollars  or 
imprisoned  in  the  workhouse  not  more  than  thirty  days,  or  both,  at  the 
discretion  of  the  Mayor.    (July  27,  1896.) 

234 —  Molesting  or  insulting  females. 

,Sec.  234.  Any  person  who  shall  improperly  and  unlawfully  follow, 
pursue,-  lay  hands  on  or  otherwise  molest  or  insult  any  female  or  other 
person  in  any  public  place  within  the  limits  of  this  city,  shall  be  deemed 
guilty  of  an  offense,  and  on  conviction  thereof,  be  fined  in  the  sum 
not  exceeding  one  hundred  dollars  and  the  costs  of  prosecution,  or  be 
imprisoned  not  exceeding  six  months  or  both  at  the  discretion  of  tne 
court.    (April  3,  1889.) 

235—  Pickpockets— Penalty. 

Sec.  235.  Any  person  who  shall  within  the  limits  of  this  city,  pick 
or  attempt  to  pick  from  the  pocket  or  person  of  another,  any  article  what- 
soever shall  be  deemed  guilty  of  an  offense,  and  on  conviction  thereof 
shall  be  fined  in  any  sum  not  exceeding  fifty  dollars  and  the  costs  of  prose- 
cution, or  be  imprisoned  not  more  than  sixty  days,  or  both  at  the  dis- 
cretion of  the  court.    (April  3  ,1889.) 

236 —  Use  of  fire  arms— Penalty— Proviso. 

Sec.  236.  If  any  person  shall  discharge  firearms,  flobert  rifles  or  air 
guns,  or  shall  use  any  sling  shots  within  the  limits  of  said  city  or  across 


90 


REVISED  ORDINANCES 


any  of  the  streets  or  alleys  thereof,  except  for  the  purpose  of  killing  dogs 
or  cats  running  unlawfully  at  large  within  said  city,  or  killing  rats,  such 
person  shall,  on  conviction  thereof,  be  fined  in  any  suni  not  exceeding 
five  ($5.00)  dollars  and  pay  the  costs  of  prosecution  or  be  imprisoned 
not  exceeding  forty-eight  (48)  hours,  or  both  at  the  discretion  of  the 
Mayor.  Provided,  however,  that  this  section  shall  not  be  construed  as 
to  prevent  persons  when  slaughtering,  from  shooting  hogs  or  beeves,  or 
gunsmiths  from  trying  their  guns  on  their  own  premises  ;  nor  shall  it  appiy 
to  any  military  company  when  drilling  under  the  command  of  any  officer, 
or  to  the  use  of  firearms  in  the  lawful  defense  of  the  persons,  family  ur 
property  of  any  person,  or  to  police  officers  when  in  the  lawful  discharge  of 
their  duties.    (January  23,  1899.) 

237—  Indecent  exposure,  etc. 

Sec.  237.  It  shall  be  unlawful  for  any  person  more  than  nine  years 
old,  to'  make  any  indecent  exposure  of  the  body,  or  any  part  thereof, 
publicly,  or  when  the  same  may  be  publicly  seen,  or  to  make  any  im- 
modest display  of  himself  or  herself  offensive  to  the  virtuous  sense  of  the 
public,  or  to  tnake  any  signs  or  gestures  suggestive  of  lewd,  lascivious, 
or  licentious  conduct,  or  as  an  invitation  to  the  commission  of  such  acts. 
(May  14,  1874.) 

238—  Penalty. 

Sec.  238.  Every  person  who  violates  the  provisions  of  the/  next 
preceding  section  shall,  on  conviction,  for  the  first  offense  be  fined  in  any 
sum  not  exceeding  thirty  dollars,  and  for  every  subsequent  offense  the 
sum  of  not  less  than  twenty  dollars  nor  more  than  forty  dollars,  or  be 
imprisoned  not  less  than  five  days  nor  more  than  forty  days,  or  both,  at 
the  discretion  of  the  court.    (May  14,  1874.) 

239—  House  of  ill-fame. 

Sec.  239.  It  shall  be  unlawful  for  any  owner  or  occupant  of  any 
premises  within  said  city,  to  keep,  or  suffer  to  be  kept  on  said  premises, 
a  house  of  ill-fame.    (May  14,  1874.) 

240—  Residing  in. 

Sec.  240.  It  shall  be  unlawful  for  persons  to  reside  in  houses  of 
ill-fame,  or  visit  such  houses  for  the  purpose  of  prostitution.  (May  14, 
1874.) 


MISDEMEANORS 


91 


241—  Penalty. 

Sec.  241.  Any  person  violating  any  provision  of  sections  239  or 
240  shall  be  fined  in  any  sum  not  exceeding  fifty  dollars  and  the  costs 
of  prosecution,  or  be  imprisoned  for  any  period  not  exceeding  thirty  days, 
or  both,  at  the  discretion  of  the  court.   (May.  14,  1874.) 

242 —  Vagrancy — Penalty. 

Sec.  242.  If  any  person  shall  be  found  within  the  limits  of  the  City  of 
Canton,  loitering  about  saloons,  taverns,  dram  shops,  house  of  ill  fame, 
or  wandering  about  the  streets  either  by  day  or  night,  or  begging  from 
resident  citizens,  or  any  other  person  within  the  city,  and  not  having  any 
known  place  of  residence,  or  any  visible  means  of  support,  and  not  be  able 
to  give  any  satisfactory  account  of  himself,  such  person  shall  be  subject 
to  prosecution  before  the  Mayor,  and  on  conviction  thereof,  be  fined  in 
any  sum  not  exceeding  fifty  dollars,  or  be  imprisoned  at  hard  labor  or 
both,  at  the  discretion  of  the  court.  Such  imprisonment  and  hard  labor 
shall  for  the  first  offense  not  exceed  thirty  days,  for  the  second  offense 
ninety  days,  and  for  the  third  offense  six  months,  and  for  the  fourth  and 
further  repetition  of  the  offense,  one  year.   (August  21,  1876.) 

243—  Imprisonment. 

Sec.  243.  Any  person  refusing  or  neglecting  to  pay  the  fine  imposed 
on  such  conviction  of  any  such  offense  named  in  section  242,  and  the 
costs  of  prosecution  shall  be  imprisoned  and  kept  at  hard  labor,  until,  at 
the  rate  of  seventy-five  cents  for  each  day's  labor,  he  shall  have  earned 
an  amount  equal  to  such  fine  and  costs.    (August  21,  1876.) 

244—  Labor. 

Sec.  244.  Such  labor  shall  be  performed  in  the  corporation,  prison, 
workhouse  or  elsewhere  under  the  charge  of  the  Chief  of  Police  and 
street  commissioner,  who  whenever  in  their  opinion  needed,  may  hire  all 
necessary  help  to  watch,  over-see  and  direct  the  prisoners  in  the  perform- 
ance of  such  labor.    (June  18,  1906.) 

245—  Disfiguring  buildings,  etc.— Penalty. 

Sec.  245.  If  any  person  or  persons  shall  unlawfully  enter  any  public 
or  private  building  or  enclosure,  or  having  obtained  a  lawful  entrance, 
shall  unlawfully  cut,  scratch,  mark,  paint  or  otherwise  injure  or  dis- 
figure any  such  building  or  enclosure,  or  any  other  property  within  the 
city,  or  shall  willfully  or  maliciously  injure  or  disfigure  the  outside  of 


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REVISED  ORDINANCES 


any  building  or  enclosure  within  the  city,  every  person  or  persons  so 
offending  shall,  on  conviction  thereof,  be  fined  in  any  sum  not  exceeding 
fifty  dollars  for  every  offense,  or  be  imprisoned  not  exceeding  ten  days, 
or  both,  at  the  discretion  of  the  Mayor.   (October  8,  i860.) 

246—  Destroying  trees,  shrubbery,  etc.— Penalty. 

Sec.  246.  If  any  person  or  persons  within  the  city  shall  willfully, 
maliciously,  and  without  lawful  authority,  cut  down,  root  up,  sever,  in- 
jure, or  destroy  any  fruit  or  ornamental  tree,  cultivated  root  or  plant 
fruit  or  other  vegetable  production,  standing  or  growing  on,  or  being 
attached  to,  the  lands  of  another,  or  shall  willfully,  or  without  lawful  author- 
ity, cut  down,  root  up,  destroy  or  injure  any  plant  or  ornamental  tree  or 
shrubbery  planted  or  growing  on  any  street,  lane,  alley,  or  public  grouno 
in  this  city,  every  such  person  or  persons  so  offending  shall,  on  con- 
viction thereof,  be  fined  in  any  sum  not  exceeding  fifty  dollars  or  by 
imprisonment  not  exceeding  ten  days,  or  both,  at  the  discretion  of  the 
Mayor.    (October  8,  i860.) 

247 —  Hitching  horses  to  trees— Penalty. 

Sec.  247.  If  any  person  or  persons  shall  hitch  or  fasten  any  horse  or 
other  animal,  which  could  do  injury  to  trees,  to  any  shade  or  ornamental 
tree  or  trees,  or  to  the  protections  around  the  same,  within  any  of  the 
public  streets,  lanes,  alleys  or  grounds  of  this  city,  every  such  person  so 
offending  shall  on  conviction  thereof,  be  fined  in  any  sum  not  exceeding 
twenty  dollars,  nor  less  than  one  dollar,  at  the  discretion  of  the  Mayor. 
(October  8,  i860.) 

248—  Destroying  grave  stones,  etc.— Penalty. 

Sec.  248.  If  any  person  or  persons  shall  willfully  injure,  damage, 
deface  or  destroy  any  gravestone,  monument,  tree,  shrub  or  plant,  in  any 
graveyard  or  cemetery,  within  or  belonging  to  the  city,  or  shall  cut,  deface 
or  injure  any  part  of  the  inclosure  of  any  such  graveyard  or  cemetery, 
such  person  or  persons  shall,  on  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  fifty  dollars  nor  less  than  one  dollar,  or  be  imprisoned  for 
any  period  not  exceeding  ten  days,  or  both,  at  the  discretion  of  the  Mayor. 
(October  8,  i860.) 

249—  Destroying  signs,  graves,  etc. 

Sec.  249.  No  person  shall  willfully  destroy,  injure,  deface,  or  remove 
any  sign,  gate,  fence,  post,  gate,  gate  post,  awning,  awning  post,  shutter, 


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93 


door,  window  or  window  glass,  on  any  building,  or  any  portion  of  any 
building  in  this  city.    (June  22,  1874.) 

250—  Entering  barns,  etc. 

Sec.  250.  No  person  shall  enter  any  barn,  shed,  or  other  outbuilding, 
in  the  night  season,  without  the  consent  of  the  owner  thereof,  ior  the 
purpose  of  sleeping  therein.   (June  22,  1874.) 

251—  Sticking  bills,  etc. 

Sec.  251.  No  person  shall  stick,  or  post  any  handbill  or  placard  of 
any  description  upon  any  public  or  private  building,  or  upon  any  post, 
fence,  bill  board,  or  any  other  structure  or  thing  whatever,  the  property  of 
another,  without  permission  of  the  occupant  or  owner  of  the  same.  (June 
22,  1874.) 

252 —  Marking  buildings,  etc. 

Sec.  252.  No  person  shall  paint,  mark,  write,  print  or  impress,  ur 
in  any  mariner  attach,  any  notice  or  advertisement  or  the  name  of  any 
commodity,  or  thing,  or  any  trade  mark,  symbol,  or  figure  of  any  kind, 
upon  or  to  any  sidewalk,  step,  or  stone,  or  building,  or  anything  whatever, 
the  property  of  another,  without  first  obtaining  permission  of  the  owner 
or  owners  of  such  sidewalk,  or  other  thing,  on  which  they  desire  to  place 
such  notice,  advertisement,  name,  mark  or  figure.    (June  22,  1874.) 

253—  Penalty. 

Sec.  253.  Any  person  violating  any  provision  of  sections  250,  251  or 
252  shall,  on  conviction  thereof,  be  fined  in  any  sum  not  exceeding  twenty- 
five  dollars,  or  be  imprisoned  for  a  period  not  exceeding  thirty  days,  or 
both,  at  the  discretion  of  the  court. 

254—  Posting  Obscene  and  indecent  pictures. 

,Sec.  254.  It  is  hereby  declared  to  be  unlawful  for  any  person  or 
persons  to  post  or  display,  or  caused  to  be  posted  or  displayed,  any  ob- 
scene or  indecent  picture  or  pictures  of  seminude  female  forms,  upon  any 
bill  board,  fence,  barn  or  other  public  place  within  said  city.   (Dec.  5,  1892.; 

255—  Penalty. 

Sec.  255.  Any  person  violating  the  provisons  of  the  foregoing  section 
of  this  ordinance  shall  upon  conviction  thereof  before  the  Mayor,  be  fined 
in  the  sum  of  not  to  exceed  twenty-five  dollars  and  costs.    (Dec.  5,  1892.) 


94 


REVISED  ORDINANCES 


256—  Protection  of  fair  grounds. 

Sec.  256.  It  is  made  unlawful  for  any  person  to  climb  over  any  fence 
or  barrier  of  anv  fair-ground,  park,  rink  or  other  enclosure  in  the  City  of 
Canton,  whether  the  property  of  the  city  or  of  any  corporation,  association 
or  individual,  or  in  any  manner  to  get  into  such  fair  grounds,  park,  rink 
or  enclosure,  without  the  consent  of  those  occupying  or  controlling  the 
same ;  and  every  such  act  shall  be  held  a  disturbance  of  the  peace  of  said 
city,  as  being  calculated  and  intended  to  excite  quarrels  and  induce  dis- 
orderly controversies.    (September  18,  1871.) 

257—  Penalty. 

Sec.  257.  Any  one  who  shall  violate  in  any  manner  the  next  preced- 
ing section  shall  suffer  and  pay  a  fine  of  not  less  than  three  nor  more  than 
ten  dollars  and  the  costs  of  prosecution,  to  be  recovered  by  civil  action 
or  upon  complaint  and  prosecution  before  the  Mayor,  and  it  is  made  the 
dutv  of  the  Chief  of  Police  and  the  city  police  officers  to  arrest  and  take 
before  the  Mayor  any  person  who  violates  said  section.    (June  18,  1906.) 

258—  Protection  of  lights. 

Sec.  258.  It  shall  be  unlawful  for  any  person  to  willfully  interfere 
with,  molest,  destrov,  injure  or  remove  any  gas,  gasoline,  electric  or  other 
lamps  or  light  or  any  part  thereof  used  in  the  lighting  of  any  street,  lane 
or  alley  or  other  public  ground  of  building  within  the  corporate  limits  of 
the  City  of  Canton  without  the  consent  of  the  persons  owning  or  con- 
trolling the  same.    (July  16,  1888.) 

259—  Penalty. 

Sec.  259.  If  any  person  shall  violate  any  of  the  provisions  of  the 
next  preceding  section  he  shall,  on  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  fifty  dollars  or  be  imprisoned  not  more  than  thirty  days, 
or  both,  at  the  discretion  of  the  court.    (July  16,  1888.) 

260—  Placing  solids  or  liquids  on  unenclosed  grounds,  etc.— Proviso. 

Sec.  260.  To  prevent  injury  or  annoyance  from  anything  dangerous, 
offensive  or  unwholesome,  it  shall  be  unlawful  for  any  person  or  persons 
to  place,  throw,  cast  or  discharge  or  willfully  cause  or  suffer  to  be  placed 
thereon,  cast  or  discharged  in  or  upon  any  public  street,  lane,  alley, 
public  ground,  unenclosed  lot  or  land,  or  into  any  pond  or  water  course 
within  the  limits  of  the  City  of  Canton,  Ohio,  any  liquid  or  solid  substance 
or  substances,  which  is  or  are  dangerous  to  persons,  to  public  or  private 


MISDEMEANORS 


95 


property,  or  offensive  or  unwholesome  to  persons  or  to  the  public  gener- 
ally within  the  limits  of  said  city ;  provided,  however,  that  it  shall  not  be 
unlawful  for  any  person  or  persons  to  place  building  material,  in  or  upon 
any  of  the  streets,  alleys,  or  public  grounds  within  such  city,  with  per- 
mission of  the  Council  as  provided  for  by  an  ordinance  passed  for  that 
purpose  and  now  in  force  and  effect  therein.    (July  21,  1884.) 

261—  Penalty. 

Sec.  261.  Any  person  or  persons  violating  either  or  all  of  the  pro- 
visions contained  in  the  preceding  section  shall  upon  conviction  thereof, 
before  the  Mayor  of  the  City  be  fined  not  less  than  five  nor  more  than 
fifty  dollars  or  be  imprisoned  in  the  city  prison  not  more  than  twenty 
days,  or  both,  at  discretion  of  the  Mayor,  and  pay  the  costs  of  prosecution. 
(July  21,  1884.) 

262—  Steam  railroad  obstructing  street  or  alley. 

Sec.  262.  It  shall  be  unlawful  for  any  person  or  persons,  company 
or  corporation  who  owns  or  operates  a  steam  railway,  the  lines  of  which 
or  any  part  thereof  extend  into  or  through  the  City  of  Canton,  Ohio,  to 
permit  any  locomotive,  car  or  cars,  to  stand  or  remain  upon  or  otherwise 
obstruct  any  portion  of  any  street,  alley,  avenue,  or  public  grounds  of  the 
City  of  Canton,  Ohio,  for  a  longer  period  than  five  minutes.  (December 
3>  1894.) 

263—  Penalty. 

Sec.  263.  Any  person,  persons,  company  or  corporation  violating 
the  provisions  of  the  next  preceding  section  of  this  ordinance  shall  upon 
conviction  thereof  be  fined  any  sum  not  exceeding  fifty  dollars.  (Decem- 
ber 3,  1894.) 

264 —  Interference  with  City  Engineer— Penalty. 

Sec.  264.  Any  person  who  shall  in  any  way  willfully  interrupt, 
molest  orj  interfere  wth  the  City  Civil  Engineer  or  his  assistants  while 
in  the  performance  of  their  official  duties,  or  who  shall  willfully  move  or 
derange  any  stake  or  landmark  fixed  by  them  or  either  of  them,  shall  upon 
conviction  thereof  before  the  Mayor,  be  fined  in  any  sum  not  exceeding 
fifty  ($50)  dollars  nor'  less  than  five  ($5)  dollars,  or  be  imprisoned  not  ex- 
ceeding ten  days  or  both,  at  the  discretion  of  the  Mayor.   (August  12,  1889.) 

265—  Speed  in  streets. 

See.  265.  No  person  shall  ride  or  drive  any  horse  or  horses  or  other 
animals,  in  such  a  manner  as  to  endanger  or  unreasonably  discommode 


96 


REVISED  ORDINANCES 


any  person,  or  at  a  rate  of  speed  exceeding  eight  miles  an  hour.    (May  3, 

18730 

266—  Hitching  horses. 

Sec.  266.  No  person  shall  leave  any  horse  or  horses,  whether  at- 
tached or  unattached  to  any  carriage,  wagon  or  other  vehicle,  standing 
on  any  street,  lane,  alley  or  public  ground,  unless  the  same  be  securely 
fastened  or  left  in  the  hands  or  within  reach  of  some  person.   (May  3,  1872.) 

267—  Processions,  etc. 

Sec.  267.  No  person  shall  drive  any  horse,  carriage  or  vehicle  of  any 
kind  through  any  civic,  military  or  funeral  procession.    (May  3,  1873.) 

268—  Right  of  way  for  processions. 

Sec.  268.  When  any  street  or  lane  is  crowded  with  teams,  wagons  or 
other  vehicles  through  which  any  civic,  military  or  funeral  procession 
is  passing,  every  person  having  charge  of  any  horse,  team,  wagon,  or  other 
vehicles,  shall  obey  any  order  for  the  removal  of  such  horse,  team,  wagon 
or  other  vehicle  given  by  the  Mayor,  Chief  of  Police  or  any  policeman. 
(June  18,  1906.) 

269 —  Skating  and  sliding  in  streets. 

Sec.  269.  No  person  shall  slide  or  course  upon  hand  sleds  or  skates 
or  upon  any  sidewalk  or  in  any  graded  street.   (May  3,  1872.) 

270—  Lighting  building  material,  etc.,  in  street. 

Sec.  270.  Whenever  any  person  or  persons,  whether  contractor  or 
proprietor,  shall  be  engaged  in  the  erection  or  repairing  of  any  building 
or  other  structure  whatever  within  said  city,  and  shall  cause  or  permit  any 
building  material,  rubbish,  or  other  things,  to  be  placed  on  any  pubic 
street,  lane,  alley,  or  sidewalk,  or  other  place  in  said  city  where  persons 
pass  and  repass ;  and  whenever  any  person  or  persons  who  shall  be  engaged 
in  constructing  any  sewer,  or  laying  any  gas,  water,  or  other  pipes  or 
conductors  in  or  through  any  of  the  streets,  lanes,  alleys,  highways, 
sidewalks,  or  other  places  in  said  city  where  persons  pass  and  repass, 
whether  by  appointment  of  the  city  or  its  agents,  or  as  contractors,  it 
shall  be  the  duty  of  all  such  persons  to  protect,  with  a  sufficient  number 
of  lights,  the  material,  rubbish,  goods,  wares,  mechandise,  heaps,  piles,  ex- 
cavation, or  other  thing  so  caused  or  permitted  by  them  to  be  or  remain 
in  or  at  any  of  the  places  above  mentioned,  and  in  such  manner  as  to* 
enable  the  same  to  be  distinctly  seen  by  all  passers  by,  and  to  continue  such 


MISDEMEANORS 


<>7 


lights  from  dusk  until  daylight  during  every  night  while  any  obstructions 
of  the  above  mentioned  description  are  allowed  to  remain  in  or  at  such 
place.   (May  3,  1872.) 

271—  Stopping  or  standing  on  crosswalks. 

Sec.  271.  No  person  driving-  or  having  charge  of  a  cab,  cart,  coach, 
dray,  wagon,  or  other  vehicle,  or  riding  or  leading  a  horse  or  other 
animals,  shall  stop  or  stand  on  any  crosswalk,  so  as  to  obstruct  the  free 
and  easy  passage  of  the  same.    (May  3,  1872.) 

272—  Flying  kites  and  playing  ball. 

Sec.  272.  No  person  shall  fly  a  kite  or  play  any  game  of  ball,  on 
any  street,  lane,  alley,  or  public  ground  of  said  city.    (May  3,  1872.) 

273—  Obstruction  of  street  by  R.  R  cars. 

Sec.  273.  It  shall  be  unlawful  for  any  person  or  persons,  company 
or  corporation  who  ownes  or  operates  a  steam  railway,  the  lines  of  which 
or  any  part  thereof  extend  into  or  through  the  City  of  Canton,  Ohio,  to 
permit  any  locomotive,  car  or  cars,  to  stand  or  remain  upon  or  otherwise 
obstruct  any  porti-  »n  of  any  street,  alley,  avenue,  or  public  grounds  of  the 
City  of  Canton,  (Tuo,  for  a  longer  period  than  five  (5)  minutes.  (Decem- 
ber 3,  1894.) 

274—  Penalty. 

Sec.  274.  Any  person,  persons,  company  or  corporation  violating 
the  provision  of  the  preceding  section  shall  upon  conviction  thereof  be 
fined  any  sum  not  exceeding  Fifty  Dollars.    (December  3,  1894.) 

275—  Obstruction  in  streets  and  public  places— Penalty— Proviso. 

Sec.  275.  If  any  person,  body  politic  or  corporate,  shall  Obstruct 
any  street,  public  square  or  alley,  duly  established  within  the  corporate 
limits  of  said  City  of  Canton,  and  suffer  such  obstructions  to  remain 
to  the  hindrance  or  inconvenence  of  persons  making  lawful  use  of  such 
street,  public  square  or  alley,  any  such  person,  body  politic  or  corporate, 
on  conviction  thereof  before  the  Mayor  of  said  city,  shall  be  fined  in  any 
sum  not  less  than  two  dollars  nor  more  than  fifteen  dollars  for  every  such 
offense,  and  when  any  person,  body  politic  or  corporate,  shall  suffer  any 
such  obstruction  to  remain  more  than  twenty-four  hours  after  such  con- 
viction thereof,  said  person,  body  politic  or  corporate,  shall  be  deemed 
guilty  of  an  additional  offense  against  the  provision  of  this  section,  and 
on  conviction  thereof  shall  be  fined  in  any  sum  not  less  than    five  dollars 


98 


REVISED  ORDINANCES 


nor  more  than  thirty  dollars :  Provided,  the  depositing  or  causing  to  be 
deposited  by  any  person,  body  politic  or  corporate,  owning  or  occupying 
any  lot  or  premises  in  this  city  of  fuel,  goods,  or  merchandise,  on  the 
side  of  the  street  or  alley  adjoining  said  premises,  when  the  same  are  so 
deposited  as  not  to  extend  into  the  street  or  alley  more  than  ten  feet, 
and  are  not  suffered  to  remain  in  said  street  or  alley  more  than  ten  feet, 
and  are  not  suffered  to  remain  in  said  street  or  alley  more  than  twenty- 
four  hours,  shall  not  be  deemed  a  violation  of  this  section.  (November 

2,  l863.) 

276—  Hauling  earth,  etc.,  on  streets. 

Sec.  276.  It  shall  be  unlawful  to  drive  or  haul  any  wagon,  cart,  dray, 
hand  cart  or  other  vehicle  or  conveyance  upon  or  through  any  street, 
lane,  alley  or  square  of  the  City  of  Canton  in  the  State  of  Ohio,  loaded 
with  earth,  sand,  gravel,  mortar,  (manure,  chips,  shavings,  sawdust,  stones, 
slops  or  other  refuse  matter  or  rubbish  of  any  kind,  unless  the  substances 
or  matter  so  being  hauled  shall  be  so  enclosed  and  secured  by  a  box, 
wagon  bed  or  by  boards,  so  as  to  prevent  the  same  from  falling  off  and 
being  scattered  along  the  streets,  alleys,  lanes  or  squares  aforesaid.  (Sep- 
tember 15,  1879.) 

277—  Penalty. 

Sec.  277.  Any  person  violating  the  provisons  of  the  next  preceding 
section  shall,  upon  conviction,  be  fined  in  any  sum  not  exceeding  fifty 
dollars  nor  less  than  two  dollars,  and  it  is  hereby  made  the  duty  of  the 
Marshall  and  policeman  of  the  city  to  arrest  on  view  any  person  engaged 
in  violating  the  foregoing  section  of  this  ordinance.    (September  15,  1879.) 

278—  Prohibiting  planting  Lombard}  poplars. 

See.  278.  It  shall  be  unlawful  to  plant  or  set  out  upon  the  streets, 
alleys  or  sidewalks  of  said  city,  any  tree  of  the  variety  commonly  known 
as  Lombardy  Poplar.   (August  11,  1879.) 

279—  Penalty. 

Sec.  279.  Any  person  violating  the  provisions  of  the  next  preceding 
section  of  this  ordinance,  shall,  upon  complaint  made  under  oath  to  the 
Mayor,  and  Upon  conviction  be  fined  in  any  sum  not  exceeding  one  dollar 
fur  each  offense;  and  the  fines  so  collected  shall  be  used  for  the  im- 
provement of  the  streets  of  said  city,  and  it  is  hereby  made  the  especial 


MISDEMEANORS 


99 


duty  of  the  Superintendent  of  Streets  to  see  that  the  foregoing  section  is 
enforced.    (June  18,  1906.) 

280 —  Destroying  or  removing  pavement,  etc. 

Sec.  280.  It  shall  be  unlawful  without  the  permissions  of  the  City 
Council,  for  any  person  to  dig,  remove,  or  carry  away,  or  cause  to  be 
dug,  removed  or  carried  away,  any  stone,  earth,  sand  or  gravel,  from 
any  street,  alley,  or  public  ground,  or  remove,  injure,  deface  or  destroy 
the  plank,  brick  or  stone  pavement  of  any  sidewalk,  street,  alley  or  public 
ground  for  any  purpose  whatsoever,  except  such  person  is  employed  for 
that  purpose  by  the  Superintendent  of  Streets  or  the  Superintendent  of  the 
water  works.    (June  18,  1906.) 

281—  Hauling  gravel,  sand,  etc.,  on  streets. 

Sec.  281.  It  shall  be  unlawful  for  any  person  to  haul,  transport,  or 
cause  to  be  hauled  or  transported  through  any  of  the  streets,  alleys 
or  public  grounds  within  the  city  any  gravel,  stone,  sand,  dirt,  offal, 
manure,  rubbish,  lime  or  other  loose  material  or  substance  in  any  wagon 
or  other  means  of  conveyance,  which  is  not  so  constructed  as  to  entirely 
prevent  the  same  from  dropping,  sifting  through  or  in  any  other  manner 
being  strewed  or  deposited  on  any  of  said  streets,  alleys  or  public  grounds. 
(October  29,  1888.) 

282—  Penalty. 

Sec.  282.  Whoever  shall  violate  any  of  the  provisions  of  sections 
280  and  281,  shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  ex- 
ceeding fifty  dollars.    (October  29,  1888.) 

283—  Permit  to  lay  gas  pipes— Streets  not  to  be  torn  up  at  certain  times— Penalty. 

Sec.  283.  From  and  after  the  passage  of  this  ordinance,  no  gas  or 
water  pipe  or  pipes  shall  be  laid  in  any  street,  avenue,  alley  or  other 
thoroughfare  of  the  City,  without  notice  of  the  intention  to  do  so  has 
previously  been  presented  to  the  City  Engineer  and  a  permit  granted  by 
said  Engineer  for  such  purpose,  and 

That  no  such  streets,  avenues,  alleys  or  other  thoroughfares  shall  be 
torn  up  for  the  purpose  or  laying  any  street  car  track,  during  the  period 
covered,  by  and  including  the  1st  day  of  November,  and  the  31st  day  ot 
March  of  any  year,  except  to  repair  and  replace  such  tracks  as  may  already 
be  laid  and  that  the  Mayor  be  and  is  hereby  directed  to  enforce  the  pro- 


100 


REVISED  ORDINANCES 


visions  of  this  ordinance  in  so  far  as  the  same  relates  to  the  laying  of  street 
car  tracks,  any  violation  of  the  provisions  of  this  section  shall  subject 
the  offender  or  offenders  to  the  payment  of  a  fine  of  Two  Hundred 
Dollars.    (July  II,  1892.) 

284—  Throwing  rubbish,  etc  ,  into  Shriver's  run— Penalty. 

Sec.  284.  It  shall  be  unlawful  for  any  person  to  throw  into  or 
deposit  in  Shriver's  run  any  rubbish,  ashes  or  garbage  of  any  kind 
or  character  whatsoever.  For  each  and  every  violation  of  any  of  the 
provisions  of  this  section,  any  person  found  so  offending  shall  pay  a  fine 
of  not  less  than  One  Dollar  ($1.00)  nor  more  than  Five  Dollars  ($5.00) 
and  pay  the  costs,  of  prosecution.    (February  17,  1902.) 

285—  To  cut  weeds,  etc.— Penalty. 

Sec.  285.  The  owner  or  owners  of  vacant  lot  or  lots,  common 
or  commons,  or  other  unoccupied  property  within  the  corporate  limits 
of  the  City  of  Canton,  Ohio,  are  hereby  required  to  cut,  mow,  keep 
down  or  remove  all  tall,  unsightly  or  noxious  weeds,  vines  or  grass  on  said 
vacant  lot  or  lots,  common  or  commons,  or  other  unoccupied  property. 
If  the  owner  or  owners  of  any  vacant  lot  or  lots,  common  or  commons, 
or  other  unoccupied  property  live  outside  the  corporate  limits  of  said  city 
and  have  no  known  agent  or  agents  within  said  corporate  limits,  the 
Mayor  of  said  city  is  hereby  authorized,  directed  and  empowered  to 
cause  said  tall,  unsightly  or  noxious  weeds,  vines  or  grass  on  said 
premises  to  be  cut,  mowed,  kept  down  or  removed,  the  cost  of  the  same 
to  be,  by  the  City  Auditor  of  said  city,  certified  to  the  county  auditor  of 
Stark  County  and  placed  upon  the  tax  duplicate  of  said  city  against  said 
premises  and  collected  as  other  taxes.  Any  person  or  persons  violating 
any  of  the  provisions  of  this  section,  shall  upon  conviction  before  the 
Mayor  be  fined  in  any  sum  not  less  than  One  Dollar  ($1.00)  and  not 
exceeding  Five  Dollars  ($5.00)  and  pay  the  costs  of  prosecution. 

286—  Interfering  with  the  fire  department— Penalty. 

Sec.  286.  It  shall  be  unlawful  for  any  foot  passenger,  driver  of  any 
vehicle,  person  having  in  charge  the  management  or  control  of  any 
street  car,  the  management  or  control  of  any  automobile,  bicycle  or  any 
conveyance  of  any  kind  or  character  whatsoever,  or  the  management  or 
control  of  any  horse  to  cause  or  permit  the  same  to  get  in  the  way  of 
the  ftre  department  when  responding  to  a  fire  alarm.    The  persons  herein 


MISDEMEANORS 


101 


referred  to  shall,  when  the  whole  or  any  part  of  the  fire  department  ot 
said  city  approaches,  either  from  the  front  or  rear  in  response  to  a  fire 
alarm,  immediately  give  the  right  of  way  to  said  department,  so  as  not  to 
hinder  or  delay  the  same.  It  shall  be  unlawful  for  the  engineer,  conductor 
or  any  person  having  in  charge  any  locomotive  or  car  upon  any  steam 
railroad  to  hinder  or  delay  the  laying  of  hose  across  any  steam  railroad 
track  when  said  fire  department  is  engaged  in,  or  about  to  engage  in  the 
fighting  of  any  fire. 

Any  person  violating  any  of  the  provisions  of  this  section  shall 
upon  conviction  before  the  Mayor,  be  fined  in  any  sum  not  exceeding 
Twenty-Five  Dollars  ($25.00)  together  with  the  costs  of  prosecution. 
(October  5,  1903.) 


CHAPTER  XXII 


NUISANCES. 


Section. 

Section. 

287. 

Resort  for  thieves  and  robbers. 

304. 

Nuisances. 

288. 

Keeping  or  letting  house  as  a  resort  for 

305. 

Eaves  trough  to  be  constructed. 

thieves.  Penalty. 

306. 

Penalty. 

289. 

Deposits  of  dirt,  filth,  etc.,  on  streets  or 

307. 

Removing  contents  of  privy  vaults. 

public  or  uninclosed  ground.  Proviso. 

308. 

Cleaning  skunk  skins,  etc. 

290. 

Penalty. 

309. 

Penalty. 

291. 

Water  not  to  be  discharged  on  sidewalk  or 

310. 

Slaughter  houses  to  be  kept  clean. 

street.  Penalty. 

3"- 

Penalty. 

292. 

Boiling  of  co<il  tcir  3.11c!  otHcr  occupations 

312. 

Construction,  of  pvivy  vsults. 

injurious  to  health. 

313- 

Penalty. 

293- 

Penalty. 

3*4- 

Owner  to  bury  dead  animal.  Penalty. 

294. 

Prosecutions. 

315- 

Duty  of  Sanitary  Police  as  to  dead  animals. 

295- 

Fines. 

316. 

Unlawful  to  deposit  manure,  etc  ,  on  streets. 

296. 

Street  Commissioner's  compensation. 

Penalty.    Duty  of  Street  Commissioner. 

297. 

Offensive  cellars,  etc. 

3*7- 

Street  Commissioner  to  issue  certificates. 

298. 

Drainage,  etc.,  into  lots,  streets,  etc.,  pro- 

318. 

Clerk  to  draw  order. 

hibited  in  certain  cases. 

3'9- 

Collection  of  cost  of  removal  of  nuisance. 

299. 

Putrid  fat,  meat,  etc. 

320. 

Duty  of  City  Solicitor. 

300. 

Soap  factories,  etc  ,  not  to  become  foul. 

321. 

Cleaning  of  fish,  etc.,  on  streets,  etc. 

301. 

Dead  animals  not  allowed  on  public  ground. 

322. 

Obstructing  ditches,  sewers,  etc.  Penalty. 

Fouling  streams. 

323. 

Owner  to  keep  sewer  open. 

302. 

Transporting  dead  animals. 

324. 

Emission  of  smoke. 

303- 

Offensive  hog  pens,  etc. 

325- 

Penalty. 

287 

—Resort  for  thieves  and  robbers. 

Section  287.  Any  house  or  building  situate  in  the  City  of  Canton, 
Ohio,  which  is  now  used  or  occupied  or  may  hereafter  be  used  or  occupied 
as  a  habitual  resort  for  thieves,  burglars  or  robbers  shall  be  deemed  and 
held  to  be  a  public  nuisance,  and  the  Mayor  of  said  city  may  order  that 
the  same  be  abated.    (July  15,  1895.) 


288—  Keeping  or  letting  a  house  as  a  resort  for  thieves— Penalty. 

Sec.  288.  Whoever  keeps  a  house  in  the  City  of  Canton,  ( )hio,  which 
is  a  habitual  resort  for  thieves,  burglars  or  robbers,  or  lets  a  house  to  be 
so  kept,  or  knowingly  permits  a  house  which  he  has  let,  shall,  upon 
conviction  thereof,  be  fined  not  less  than  twenty-five  dollars,  nor  more 
than  one  hundred  dollars,  or  imprisonment  in  the  workhouse  not  more  than 
six  months  or  both,  at  the  discretion  of  the  Mayor.    (July  15,  1895.) 

289 —  Deposits  of  dirt,  filth,  etc.,  on  streets  or  public  or  uninclosed  grounds. — 
Proviso. 

Sec.  289.  It  shall  be  unlawful  for  any  person  or  persons  to  throw, 
place  Of  deposit   or  permit   to  be  thrown,   placed   or  deposited   in  any 


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manner  whatever  any  dirt,  paper,  filth,  sweepings,  ashes,  shavings,  filthy 
water,  offal,  straw,  wood,  stones,  brick,  earth  of  any  kind,  manure,  refuse, 
waste  water,  or  rubbish  of  any  kind  whatever,  upon  unenclosed  lot,  land, 
street,  alley,  lane  or  public  ground  within  the  limits  of  said  city.  Provided 
that  this  section  shall  not  be  held  to*  prevent  persons  from  temporarily 
depositing  building  material  upon  the  streets,  alleys,  lanes,  unenclosed 
lots  or  land  or  public  grounds,  under  and  with  the  permission  of  the 
Council  of  said  city  as  provided  by  ordinance  of  said  city.  (November 
12,  1883.) 

290—  Penalty. 

Sec.  290.  Any  person  or  persons  offending  against  the  provisions 
contained  in  the  foregoing  section  or  either  one  of  them  shall,  on  con- 
viction thereof  be  fined  in  any  sum  not  less  than  five  dollars  nor  more 
than  fifty  dollars,  or  imprisoned  not  exceeding  ten  days  or  both,  at  the 
discretion  of  the  Mayor.    (November  12,  1883.) 

291 —  Water  not  to  be  discharged  on  sidewalk  or  street — Penalty. 

Sec.  291.  It  shall  be  unlawful  for  any  person  to  allow  to  be  dis- 
charged from  his  or  her  premises,  the  water  from  any  fountain,  sink  or 
pipe  from  any  building,  upon  the  surface  of  any  part  of  any  sidewalk, 
street  or  other  public  ground  within  the  city,  when,  in  the  opinion  of  the 
City  Engineer  a  public  nuisance  is  caused  by  so  doing.  Said  City  En- 
gineer may,  when  in  his  judgment  it  is  necessary,  notify  any  person  or 
persons  not  to  allow  water  to  be  discharged  upon  any  sidewalk,  street  01 
other  public  ground  in  violation  of  this  section.  Any  person  who  snail 
violate  any  portion  of  this  section  after  being  notified  as  aforesaid,  on 
conviction  thereof,  shall  be  fined  in  any  sum  not  exceeding  twenty  ($20) 
dollars.   (March  14,  1892.) 

292—  Boiling  coal  tar  and  other  occupation  injurious  to  health. 

Sec.  292.  It  shall  be  unlawful  for  any  person  or  persons,  association 
of  persons,  corporation,  to  boil  coal  tar,  or  carry  on  any  kind  of  business 
or  vocation  within  the  limits  of  this  city,  the  effects  of  which  are  offensive, 
injurious  to  health  or  in  any  manner  annoying  to  any  of  its  inhabitants. 
(January  7,  1867.) 

293—  Penalty. 

Sec.  293.  Any  person  or  persons,  associations  or  corporation  found 
guilty  of  carrying  on  any  business  or  vocation  described  in  the  fore- 


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going  section,  within  the  limits  of  this  city,  shall  be  fined  in  any  sum  not 
exceeding  fifty  dollars  and  not  less  than  ten  dollars  and  costs  of  prosecu- 
tion, and  for  each  day  or  part  of  a  day's  continuance  after  the  first  prose- 
cution of  any  such  offense,  a  fine  of  twenty-five  dollars  shall  be  paid 
and  costs  of  prosecution.    (January  7,  1867.) 

294—  Prosecution. 

Sec.  294.  It  is  hereby  made  the  duty  of  the  commissioner  of  streets 
and  alleys  to  prosecute  in  the  name  of  the  City  of  Canton,  before  the 
Mayor  of  this  city,  any  person  or  persons,  association  or  cornoration  ui 
persons  found  guilty  of  violating  any  of  the  provisons  of  sections  29^ 
and  293.    (January  7,  1867.) 

295—  Fines. 

Sec.  295.  All  the  fines  collected  by  virtue  of  sections  292,  293  and 
294  of  this  ordinance,  shall  be  by  the  Mayor  paid  into  the  Treasury  of  the 
city  for  the  improvement  of  the  streets  and  alleys  in  the  City  of  Canton. 
(January  7,  1867.) 

296—  Street  Commissioner's  compensation. 

Sec.  296.  Said  commissioner,  as  a  compensation  for  his  services  as 
provided  in  section  294,  shall  in  each  case  receive  the  sum  of  three 
dollars.    (January  7,  1867.) 

297—  Offensive  cellars,  etc. 

Sec.  297.  No  person  shall  suffer  or  permit  any  cellar,  vault,  private 
drain,  pool,  privy  or  sewer,  upon  or  connecting  with,  any  premises  be- 
longing to  or  occupied  by  him,  to  become  offensive  or  injurious  to  the 
public  health.    (June  22,  1874.) 

298—  Drainings,  etc.,  into  lots,  streets,  etc.,  prohibited  in  certain  cases. 

Sec.  298.  No  distiller,  brewer,  tanner,  soap  boiler,  tallow  chandler, 
meat  packer,  dyer,  livery  stable  keeper,  hotel  keeper,  or  other  person, 
shall  discharge  out  of,  or  permit  to  flow  frdm  his  or  her  still  house, 
tannery,  brewery,  manufactory,  shop,  packing  house,  stable  or  other 
place,  any  foul  pool,  or  nuisance,  liquids  or  substances  whatever,  into 
any  adjacent  lot,  or  into  any  street,  lane,  alley,  or  public  ground.  (June 
22,  1874.) 

299—  Putrid  fat,  meat,  etc. 

Sec.  299.  No  soap  boiler,  tallow  chandler,  candle  or  oil  maker,  or 
other  person,  shall  keep  or  use,  or  cause  to  be  kept  or  used,  any  stale 
or  putrid  or  stinking  fat,  grease  or  meat.    (June  22,  1874.) 


NUISANCES 


105 


300—  Soap  factory,  etc.,  not  to  become  foul. 

Sec.  300.  Xo  owner  or  occupant  of  any  tallow  chandler  shop,  soap 
factory,  tannery,  brewery,  distillery,  pork  or  beef  packing  house,  livery 
stable  or  barn,  shall  suffer  the  same  to  become  foul.    (June  22.  1874.) 

301—  Dead  animals  not  allowed  on  public  grounds,  etc.— Fouling  streams. 

Sec.  301.  No  owner  or  possessor  of  any  animal  which  shall  have 
died  shall  suffer  the  same  to  lie  on  any  public  ground,  street,  lane, 
alley,  or  any,  private  lot,  within  the  city,  nor  shall  any  person  throw  such 
animal,  or  any  vegetable,  or  decayed  animal  matter,  or  any  slops,  or  filth, 
whether  solid  or  fluid,  into  any  stream  or  pool  of  water  in  said  city.  (June 
22,  1874.) 

302—  Transporting  dead  animals. 

Sec.  302.    No  person  or  persons  shall  be  permitted  to  remove,  carry 
or  transport  any  dead  animal  along,  through  or  over  any  public  street, 
lane,  alley  or  public  ground  unless  the  same  shall  be  covered  with  canvas 
or  other  suitable  material.    (June  22,  1874.) 

303—  Offensive  hog  pens,  etc. 

Sec.  303.  No  person  shall  keep  or  use  any  hog  pen,  privy  or  barn 
yard  adjacent  to  or  abutting  on  any  lot,  the  property  of  or  occupied  by, 
another,  or  so  near  thereto  that  the  contents  of  such  hog  pen,  privy  01 
barn  yard  are  discharged  upon  said  lot.    (June  22,  1874.) 

304 —  Nuisances. 

Sec.  304.  No  owner,  or  occupant  or  person  having  charge  or 
control  of  any  lot  or  tenement,  shall  cause  or  permit  any  nuisance  to  be 
or  remain  in  or  upon  said  lot  or  tenement,  or  between  the  same  and  the 
center  of  the  street  adjoining.    (June  22,  1874.) 

305 —  Eaves  troughs  to  be  constructed. 

Sec.  305.  Any  person  or  persons,  firm  or  corporation  constructing 
or  causing  to  be  constructed  any  buildings  so  near  the  line  of  any  public 
street  or  alley  in  the  City  of  Canton,  Ohio,  or  any  sidewalk  on  such 
street  or  alley,  or  being  the  owner  of  any  building  heretofore  so  con- 
structed, such  person,  persons  or  firms,  or  the  president,  manager  or 
superintendent  of  such  corporation  shall  forthwith  upon  the  completion 
of  building,  or,  as  to  buildings  heretofore  constructed,  within  thirty  days 
after  the  taking  effect  of  this  ordinance,  cause  eaves  troughs  or  spouting 
to  be  placed  along  the  edge  of  eaves  of  such  roof  so  overhanging  sttcfi 


106 


REVISED  ORDINANCES 


street,  alley  or  sidewalk,  and  connect  the  same  with  down  spouting, 
all  of  such  size  and  construction  as  will  prevent  any  and  all  water  from  such 
roof  from  falling-  on  such  street,  alley  or  sidewalk ;  and  shall  at  all  times, 
during  the  life  of  this  ordinance  keep  such  eaves  troughs,  spouting  and 
down  spouting  in  proper  and  reasonable  repair.    (August  9,  1897.) 

306—  Penalty. 

Sec.  306.  Any  person  violating  any  of  the  provisions  of  the  pre- 
ceding section,  or  neglecting  any  of  the  duties  therein  imposed,  shall  on 
conviction  thereof  before  the  Mayor  pay  a  fine  of  not  less  than  five  dollars 
nor  more  than  fifty  dollars,  and  costs  of  prosecution.    (August  9,  1897.) 

307—  Removing  contents  of  privy  vaults. 

Sec.  307.  Any  person,  persons  or  company  removing  the  contents 
of  any  privy  vault  or  cesspool,  from  any  such  vault  or  cesspool,  within 
the  corporate  limits  of  the  City  of  Canton,  Ohio,  at  any  time  during  the 
year,  shall  remove  such  contents  from  the  places  named  in  this  section 
with  and  through  an  odorless  apparatus  or  device  suitable  for  such  pur- 
pose. And  such  contents  shall  be  deposited  therewith  in  some  good, 
strong,  closed  and  airtight  vessels  or  tank  suitable  for  such  purpose,  and 
shall  be  carried  or  otherwise  removed  therein  to  some  proper  place  out  of 
and  beyond  the  limits  of  said  city,  and  all  of  which  shall  be  done  in  the 
daytime,  between  the  hours  of  7  o'clock  A.  M.,  and  5  o'clock  P.  M.  of  the 
day.  Nor  shall  any  of  the  contents  named  in  this  section  be  in  any  manner 
placed,  spilled  or  deposited  on  any  street,  lane,  alley,  public  ground  or  en- 
closed lot  or  lands,  or  into  any  stream,  water-course  or  pond  within  said 
city  limits.   (June  1,  1885.) 

308—  Cleaning  skunk  skins,  etc. 

Sec.  308.  No  person  or  persons  shall  cause,  suffer  or  permit  any  skunk 
or  coon  skins,  or  the  skins  of  any  other  animals  which  emit  an  offensive 
odor,  and  are  in  a  condttion  which  is  detrimental  to  the  public  health,  to  be 
dressed,  cleaned,  cured,  packed,  kept,  stored  or  received  in  or  upon  the 
premises  owned  or  occupied  by  him  or  them,   (June  22,  1874.) 

309—  Penalty. 

Sec.  309.  If  any  person  shall  violate  any  provision  of  sections  297, 
2<jX,  299,  300,  301,  302,  303,  304,  307  or  308  he  shall  pay  a  fine  of  not  less 
than  two  dollars  nor  more-  than  twenty  dollars,  or  shall  be  imprisoned  not 


NUISANCKS 


107 


exceeding  five  days  or  both,  at  the  discretion  of  the  court  affixing  the 
penalty. 

310 —  Slaughter  houses  to  be  kept  clean. 

Sec.  310.  It  shall  be  unlawful  for  any  person  or  persons,  company  or 
corporation,  who  is  engaged  in  the  business  of  keeping  and  maintaining 
slaughter  houses  in  said  city,  for  any  such  person  or  persons,  company 
or  corporation  so  engaged,  to  allow  such  slaughter  houses  or  any  appur- 
tenances thereto  to  become  unclean,  or  to  allow  any  filth,  nauseous  or 
offensive  matter  or  odor  to  emit  therefrom.    (July  24,  1893.) 

311—  Penalty. 

Sec.  311.  Any  person  or  persons  violating  the  provisions  of  the  pre- 
ceding section  shall,  upon  conviction  thereof  before  the  Mayor,  be  fined  in  a 
sum  not  less  than  twenty-five  dollars  ($25.00)  and  not  more  than  one 
hundred  dollars  ($100.00)  and  be  imprisoned  not  to  exceed  sixty  days,  at 
the  option  of  the  Mayor.    (July  24,  1893.) 

312—  Construction  of  privy  vaults,  etc. 

Sec.  312.  No  person  shall,  within  the  corporate  limits,  hereafter 
make  a  privy  vault,  sink  or  cesspool  deeper  than  eight  feet,  unless  the 
same  be  made  water-tight,  nor  shall  any  person  remove  the  contents  of  any 
privy  vault  between  the  first  day  of  May  and  the  first  day  of  October, 
except  by  the  written  permission  of  the  city  board  of  health  ;  nor  shall  the 
contents  of  any  privy  vault  vault  be  spilledi  or  deposited  within  one  mile 
of  the  corporate  limits.   (January  15,  1877.) 

313—  Penalty. 

,Sec.  313.  Any  person  violating  the  next  preceding  section  shall,  on 
conviction  thereof,  be  fined  in  any  sum  not  exceeding  fifty  dollars,  and  five 
dollars  for  every  day  such  violations  may  be  continued.    (January  15,  1877.) 

314—  Owner  to  bury  dead  animals— Penalty. 

Sec.  314.  It  shall  be  the  duty  of  every  owner  or  possessor  of  any 
animal  which  shall  be  found  dead  within  the  limits  of  the  city,  to  rednove 
and  bury  the  same  in  some  retired  place,  at  least  three  feet  below  the 
surface  of  the  earth,  with  in  six  hours  after  the  discovery  thereof ;  and 
every  person  who  shall  neglect  or  refuse  to  obey  the  foregoing  provisions 
of  this  section  shall,  on  conviction  thereof,  pay  a  fine  of  not  more  than 
five  dollars  nor  less  than  two  dollars,  and  also  the  expense  of  removing 


108 


REVISED  ORDINANCES 


and  burying  such  carcass  which  the  Street  Commissioner  may  have  to  incur 
in  the  removal  and  burial  thereof.   (December  31,  i860.) 

315—  Duty  of  Sanitary  Police  as  to  dead  animals. 

Sec.  315.  It  shall  be  the  duty  of  the  Sanitary  Policeman  of  the  city 
to  remove  and  bury,  or  cause  to  be  removed  and  buried,  all  dead  animals 
when  the  owner  neglects  or  refuses  to  do  so,  and  at  the  expense  of  the 
owner  thereof  when  such  owner  is  known,  or  when  the  owner  is  not  known, 
at  the  expense  of  the  city,  and  hand  over  to  the  City  Auditor  a  certificate 
of  the  expense  he  has  incurred,  and  the  Auditor  shall  dispose  of  such 
certificate  as  is  hereafter  provided  to  be  done  with  expense  incurred  in 
other  cases.    (June  11,  1906.) 

316—  Unlawful  to  deposit  manure,  etc.,  iu  streets,  etc.— Penalty— Duty  of  Street 
Commissioner. 

Sec.  316.  It  shall  be  unlawful  for  any  person  or  persons  to  deposit 
any  manure,  straw,  or  other  nuisance,  in  any  of  the  streets  or  alleys  ot 
this  city,  and  if  any  person  shall  violate  the  provisions  of  this  section, 
such  person  shall,  on  conviction  thereof,  pay  a  fine  of  not  less  than  one 
dollar  nor  more  than  five  dollars  for  every  offense,  and  shall  moreover 
be  liable  to  pay  a  like  sum  for  every  twenty-four  hours  during  which 
such  person  shall  suffer  such  nuisance  to  remain  after  being  convicted 
of  the  offense;  and  it  shall  be  the  duty  of  the  street  commissioner  to 
examine  all  the  streets  and  alleys  in  the  city  monthly,  and  if,  on  such 
examination,  he  shall  find  any  manure,  straw,  or  any  other  nuisance,  lying 
in  any  such  streets  or  alleys,  he  is  hereby  authorized  to  grant  permission  to 
any  person  to  take  and  remove  such  manure,  straw  or  other  nuisance,  either 
out  of  the  limits  of  the  city  or  to  some  cultivated  ground  within  said  limits, 
such  person  agreeing  to  remove  the  same  without  charge  to  the  city ;  and  if 
he  cannot  find  any  person  to  remove  such  nuisance  free  of  charge,  he 
shall  remove,  or  cause  the  same  to  be  removed,  at  the  expense  of  the 
owner,  and  certify  the  a'mount  of  such  cost  to  the  Clerk  of  the  Council, 
to  be  collected  as  hereinafter  provided.    (June  18,  1906.) 

317—  Street  Commissioner  to  issue  certificate. 

Sec.  317.  In  every  case  where  the  Street  Commissioner  shall,  by 
the  provisions  of  this  or  any  other  ordinance  of  the  city  be  compelled 
to  remove,  or  to  employ  any  of  other  person  or  persons  to  remove  any 
obstructions,  manure  or  other  nuisance  from  anv  of  the  streets,  allevs 
or  sidewalks  within  the  city,  or  to  make  any  pavement  or  pavements 


NUISANCES 


109 


which  may  be  ordered'  to  be  made  by  any  ordinance  of  the  City  Council, 
he  shall  issue  his  certificate  to  the  City  Auditor,  stating  the  amount  due, 
for  what  purpose  it  was  incurred,  and  also  giving  the  name  of  the 
person  and  the  number  or  other  description  of  the  property  which  is  by 
law  chargeable  with  such  amount  so  incurred.    (June  18,  1906.) 

318—  Clerk  to  draw  order,  etc. 

Sec.  318.  Upon  the  presentation  of  such  certificate  to  the  City 
Clerk,  he  shall  draw  an  order  upon  the  City  Treasurer  for  the  amount 
stated  in  said  certificate  to  be  due,  and  deliver  such  order  to  the  person 
entitled  thereto,  file  the  certificate  as  his  voucher,  charge  the  person  or 
property  liable  therefor  with  the  amount  so  paid,  demand  of  such  person 
or  owner  of  such  property  the  sum  so  paid,  and  notify  the  City  Council  of 
the  transaction  at  the  first  meeting  thereafter,  and  when  the  person  or 
owner  of  the  property  chargeable  with  such  moneys,  expended  as  aforesaid, 
shall  deliver  to  the  City  Auditor  the  City  Treasurer's  receipt  for  the  same, 
or  any  part  thereof,  the  said  Auditor  shall  credit  such  person  with  the 
sum  paid,  charge  the  Treasurer  therewith  and  carefully  file  said  receipt. 
(June  18,  1906.) 

319 —  Collection  of  cost  of  removal  of  nuisance. 

Sec.  319.  If  the  person  or  persons,  or  property  owner,  whose  duty 
it  is  made  by  the  city  ordinances  to  remove  any  nuisances  or  obstructions, 
or  to  make  any  pavement,  shall  neglect  or  refuse  to  pay  the  sum  of  money 
so  paid,  as  hereinbefore  provided,  within  thirty  days  after  the  same  shall 
have  been  demanded  by  the  City  Auditor  in  the  manner  provided  for  in 
the  next  preceding  section  of  this  ordinance,  the  City  Auditor  shall  make 
out  a  certified  copy  of  the  account  against  such  person  or  property  owner, 
and  deliver  such  copy  of  said  account  to  the  City  Solicitor  for  collection. 
(June  18,  1906.) 

320—  Duty  of  City  Solicitor. 

Sec.  320.  Upon  the  receipt  of  such  account  it  shall  be  the  duty 
of  the  City  Solicitor  to  proceed  without  delay,  before  the  Mayor  or  other 
court  of  competent  jurisdiction,  to  collect  the  sum  due  on  such  account,  to- 
gether with  interest  from  date  of  the  demand  made  by  the  Auditor ;  and 
such  money,  when  collected,  shall  be  paid  into  the  City  Treasury  for  the 
use  of  the  city,  and  the  Treasurer's  receipt  thereof  deposited  with  the  City 


110 


REVISED  ORDINANCES 


Clerk,  who  shall  charge  the  Treasurer  therewith  and  carefully  file  his  re- 
ceipt.   (June  18,  1906.) 

321—  Cleaning  fish,  etc.,  in  streets  or  public  grounds. 

Sec.  321.  No  person  shall  clean,  scale  or  wash  any  fish,  meat, 
clothes,  carriage,  buggy  or  any  other  thing  tending  to  create  a  nuisance, 
on  any  of  the  streets  or  public  grounds  of  said  city.    (May  3,  1872.) 

322—  Obstructing  ditches,  sewers,  etc.— Penalty. 

Sec.  322.  If  any  person  or  persons  shall  obstruct  any  ditch,  sewer 
or  water  course,  or  cause  the  same  to  be  obstructed  or  rendered  obnoxi- 
ous to  the  inhabitants  of  the  vicinity,  within  the  corporate  limits  of  the 
city,  so  as  to  cause  the  water  to  stagnate  or  destroy  its  ordinary  use,  or 
shall  prevent  any  water  from  passing  off  its  usual  and  natural  course, 
unless  an  artificial  course  shall  have  been  constructed  by  the  proper 
authorities,  such  person  or  persons  shall,  on  conviction  thereof,  pay  a  fine 
not  exceeding  twenty-five  dollars  for  every  offense.    (November  13,  1862.) 

323 —  Owner  to  keep  sewer  open. 

Sec.  323.  Any  owner  or  occupier  of  any  lot  or  part  of  lot  on  any 
of  the  streets  or  alleys  or  water  courses,  shall  at  all  times  keep  the  ditch 
or  sewer  along  the  sidewalks,  or  the  water  course  through  or  along  his 
or  her  said  lot  or  part  of  lot,  as  far  as  said  lot  or  part  of  lot  extends,  clean 
and  free  from  obstructions,  except  what  may  be  deposited  by  the  washing 
of  water  in  heavy  rains,  by  removing  immediately  matter  which1  may 
accumulate  therein,  and  it  shall  be  the  duty  of  the  Street  Commissioner 
to  give  notice  to  any  person  neglecting  to  do  so,  and  if  the  obstructions 
shall  not  be  removed  within  twenty-four  hours  after  notice,  (Sundays 
excepted,)  the  Street  Commissioner  shall  proceed  to  remove  the  sa\me  at 
the  cost  of  the  person  whoise  duty  it  was  to  have  removed  the1'  same. 
(November  13,  1862.) 

324—  Emission  of  smoke. 

Sec.  324.  Emission  of  smoke  from  any  chimney  or  stack  within 
the  limits  of  the  city  of  Canton,  Ohio,  in  such  a  manner  as  to  annoy  any 
person  in  said  city,  or  to  injure  the  health  or  property  of  any  person 
within  said  city,  shall  be  deemed  and  held  to  be  a  public  nuisance. 

325—  Penalty. 

Sec.  325.  Any  person  or  persons  violating  any  of  the  provisions  of 
the  preceding  section  shall,  on  conviction  thereof,  be  fined  not  to  exceed 
one  hundred  dollars  ($lOO.OO). 


CHAPTER  XXIII. 


PARKS  AND  PARK  COMMISSIONERS. 


Section. 

326.  Rules  as  to  use  of  park. 

327.  Rules  as  to  use  of  park. 

328.  Unlawful  to  shake  carpet  on  park. 

329.  Dogs  not  allowed  to  enter  park. 


Section. 

330.  Duty  of  park  Policeman. 

331.  Persons  violating  rules  to  be  ejected. 

332.  Prosecutions.  Exceptions. 

333.  Penalty. 


326— Rules  as  to  use  of  park. 

Sec.  326.    It  shall  be  unlawful  for  any  person  or  persons,  except  under 
the  directions  of  the  Superintendent  of  Parks,  to  ride  or  drive  upon  any 
other  part  or  parts  of  the  parks  of  the  City  of  Canton,  Ohio,  than  the 
roads  and  avenues  thereof ;  and  it  shall  be  unlawful  for  any  person  or 
persons  to  drive  or  take  in  the  same  any  horse,  cow,  carriage,  vehicle, 
cart  or  wheelbarrow,  except  under  the  directions  of  the  Superintendent 
of  Parks ;  that  it  shall  be  unlawful  for  any  person  or  persons  to  discharge 
or  place  any  wood,  coal,  or  rubbish,  carrion  or  other  offensive  matter 
within  any  of  the  parks  of  said  City  of  Canton,  Ohio  ;  that  it  shall  be 
unlawful  for  any  person  or  persons  to  ride  or  drive  any  horse  or  horses, 
or  other  animals  upon  the  )  roads  and  avenues  of  the  parks  of  said  City 
of  Canton,  Ohio,  in  such  manner  as  to  endanger  or  reasonably  dis- 
commode any  person  or  at  any  rate  of  speed  exceeding  eight  miles  an 
hoUsr;  that  it  shall  be  unlawful  for  any  person  or  persons  to  do  any 
draying  or  hauling  of  traffic  wagons  upon  said  park  or  parks,  nor  shall 
any  person,  be  allowed  to  ride  or  drive  in  said  parks  when  the  gates  are 
shut  or  the  roads  or  avenues  thereof  muddy,  except  under  the  direction 
and  by  permission  of  the  superintendent  or  keeper  thereof,  nor  shall  any 
person  be  permitted  to  hitch  any  horse  or  horses  or  other  animals  to 
any  of  the  trees,  lamp  posts,  hydrants  or  buildings  of  said  parks,  nor  shall 
any  person  or  persons  leave  any  horse  or  horses,  whether  attached  or 
unattached  to  any  carriage,  wagon  or  other  vehicle,  standing  on  the 
roads  or  avenues  of  said  parks,  except  under  the  direction  of  the  super- 
intendent, unless  the  same  be  securely  fastened,  or  left  in  the  hands  or 
within  the  reach  of  some  person.    It  shall  be  unlawful  for  any  person 


112 


REVISED  ORDINANCES 


or  persons  to  play  at  any  game  in  said  parks,  except  such  as  the  superin- 
tendent thereof  shall  designate  and  upon  such  portions  thereof  as  such 
superintendent  shall  name ;  that  it  shall  be  unlawful  for  any  person  or 
persons  to  use  any  threatening  or  indecent  language,  or  commit  any 
obscene  or  indecent  act  upon  said  parks.    (June  18,  1906.) 

327—  Rules  as  to  use  of  park. 

Sec.  327.  It  shall  be  unlawful  for  any  person  or  persons  to  climb 
upon  the  trees,  fences,  or  gates,  or  either  of  them  or  in  any  manner  will- 
fully injure  the  trees,  shrubs,  fences  or  gates  of  said  parks,  or  to  dig 
up  the  sod  or  injure  the  grass,  or  to  run,  walk  over  or  lie  upon  the 
same,  or  to  interfere  with,  or  interrupt  the  laborers  or  officers  or  persons 
employed  in  said  parks  for  the  improvement  or  management  thereof,  or 
deface,  injure,  or  tear  down  any  of  the  rules  and  regulations  for  the 
government  of  said  parks,  or  notices  of  any  kind  posted  therein  by  order 
of  the  Superintendent  of  Parks.    (June  18,  1906.) 

328—  Unlawful  to  shake  carpet  on  park. 

Sec.  328.  It  shall  be  unlawful  for  any  person  or  persons  to  shake 
or  otherwise  clean  any  carpet  or  carpets,  or  rugs  upon  any  of  said  parks, 
or  fasten  to  any  trees  or  shrubs  any  clothes  line  or  hang  up  any  clothes 
to  dry  or  bleach  within  any  of  said  parks.    (July  22,  1895.) 

329—  Dogs  not  to  enter  park. 

Sec.  329.  That  it  shall  be  unlawful  for  any  person  or  persons  owning 
or  harboring  any  dog  to  suffer  or  permit  such  animal  to  enter  into  any  of 
the  public  parks  of  the  City  of  Canton,  Ohio,  and  it  shall  likewise  be 
unlawful  for  any  person  or  persons  followed  or  accompanied  by  any 
dog  to  enter  any  of  said  parks  or  permit  such  dog  to  enter  any  of  said 
parks,  and  it  shall  be  lawful  for  the  Superintendent  of  said  parks,  to  shoot 
or  otherwise  kill  any  dog  found  in  or  upon  any  of  said  parks  in  violation 
of  the  provisions  of  this  ordinance. 

330—  Duty  of  Psrk  Policeman. 

Sec.  330.  It  shall  be  the  duty  of  any  police  officer  as  well  as  the 
jPark]  Policeman,  toj  seize  any  animal  or  vehicle  found  in  any  of  the 
parks  as  aforesaid,  in  violation  of  any  of  the  provisions  of  this  ordinance 
and  to  remove  the  same  from  said  parks  and  hold  the  same  subject  to 
the  discretion  of  the  Mayor  of  said  city,  or  until  all  hues  and  costs  are  paid 
(July  22,  1895.) 


NUISANCES 


113 


331 —  Persons  violating  rules  or  ordinances  to  be  ejected. 

Sec.  331.  It  shall  be  lawful  for  any  police  officer  as  well  as  the  Park 
Policeman,  or  employe  or  other  officer  in  the  Parks  to>  remove  from  any 
of  the  parks  of  said  City  of  Canton,  Ohio,  any  person  who  is  violating 
any  law  or  ordinance,  or  any  of  the  provisions  of  this  ordinance,  or  is 
committing  any  nuisance,  or  guilty  of  any  disorderly  conduct ;  and  also 
hold  or  rernove  until  the  payment  of  all  costs  and  expenses,  any  property 
or  material  placed,  or  at  any  time  remaining  there,  in  violation  of  this 
ordinance,  or  any  of  the  ordinances  of  the  City  of  Canton,  Ohio.  (June 
18,  1906.) 

332—  Prosecutions — Exceptions. 

Sec.  332.  All  prosecutions  for  the  violation  of  this  ordinance  shall 
be  had  before  the  Mayor  of  the  City  of  Canton,  Ohio.  The  provisions 
of  this  ordinance  shall  not  apply  to  any  persons  in  the  employ  of  the  city 
in  the  park  department,  who  shall  lawfully  discharge  the  duties  of  his 
employment  as  directed.    (June  18,  1906.) 

333—  Penalty. 

Sec.  333.  \\ "hoever  shall  violate  any  of  the  provisions  of  the  next 
preceding  seven  sections  of  this  ordinance,  shall,  upon  conviction  thereof, 
be  fined  in  any  sum  not  less  than  one  dollar  ($1.00)  and  not  exceeding 
fifty  dollars  ($50.00)  and  costs  of  prosecution,  and  shall  stand  committed 
until  such  fines  and  costs  are  paid.    (July  22,  1895.) 


CHAPTER  XXIV. 


PAWNBROKERS. 


Section. 

334.  license. 

335.  Pawnbroker  defined. 

336.  Pawnbroker's  record.  Inspection  of  record. 


Section. 

337.  Daily  report. 

338.  Certain  purchases  prohibited. 

339.  Penalty. 


334—  License. 

Sec.  334.  It  shall  be  unlawful  for  any  person  or  persons  to  carry  oil 
the  business  of  pawnbroker,  or  of  loaning  money  on  jewelry  or  other 
personal  property  in  the  City  of  Canton  without  first  taking  out  a  license 
from  the  Mayor.  And  the  Mayor  is  hereby  authorized  to  grant  to  any 
person  of  good  moral  character,  who  may  apply  therefor,  a  pawnbroker's 
license,  which  shall  be  issued  under  the  corporate  seal  and  signed  by  the 
Mayor  and  remain  in  force  one  year  from  the  date  thereof,  upon  tne 
payment  therefor  to  the  Mayor  by  the  said  applicant,  the  sum  of  not  less 
than  twenty-five  ($25.00)  dollars,  nor  more  than  two  hundred  ($200) 
dollars.    (November  11,  1889.) 

335—  Pawnbroker  defined. 

Sec.  335.  Whoever  loans  money  on  deposit  or  pledges  of  personal 
property,  or  who  pledges  personal  property  or  chooses  in  action,  on  con- 
dition of  selling  the  same  back  again  at  a  stipulated  price,  is  hereby  de- 
fined and  declared  to  be  a  pawnbroker.    (November  11,  1889.) 

336—  Pawnbroker  record— Inspection  of  record. 

Sec.  336.  Any  person  or  persons  so  licensed  shall  keep  a  correct 
list  and  description  in  a  book  for  that  purpose  of  every  article  pledged 
or  deposited  with  him,  or  on  which  advances  of  money  have  been  made, 
or  which  may  be  purchased  by  him,  which  list  and  description  shall  at 
all  times  be  open  to  the  inspection  of  the  Mayor  or  Chief  of  Police,  or  any 
of  the  police  officials  of  the  City  of  Canton,  Ohio;  and  the  persons 
so  licensed  shall  at  all  times,  when  required  by  the  Mayor  or  Chief  of 
Police  or  police  officer  as  aforesaid,  produce  and  show  any  article  so 
listed  and  described  which  may  be  in  his  possession.  He  shall  also  register 
in  such  book  the  name  and  place  of  residence  of  the  depositor,  and  the 


PAWNBROKERS 


115 


time  when  the  deposit  was  made.  All  of  the  entries  shall  be  written  in 
ink  in  the  English  language,  and  no  entry  shall  be  erased,  obliterated  or 
defaced.    (June  18,  1906.) 

337 —  Daily  report. 

Sec.  337.  Every  person  so  licensed  shall  prepare  and  deliver  to  the 
Mayor  every  day  before  the  hour  of  12  o'clock  M.,  a  legible  and  correct 
copy  from  such  register,  of  the  description  of  all  personal  property,  bonds, 
notes  or  other  securities  received  or  deposited  or  purchased  during  the 
preceding  day,  together  with  the  hour  at  which  the  article  was  received, 
together  with  a  description  of  the  person  by  whom  left  in  pledge  or  from 
whom  the  same  were  purchased.    (November  11,  1889.) 

338—  Certain  purchases  prohibited. 

Sec.  338.  I\'o  person  licensed  as  aforesaid  shall  take  or  receive  any 
bond  or  pledge  for  money  loaned  or  shall  take  or  receive  or  purchase 
within  the  line  of  his  business  as  a  pawnbroker,  any  property,  bonds,  notes, 
securities,  articles,  or  thing  whatsoever,  from  any  minor  or  the  ownership 
of  which  is  claimed  by  any  minor,  or  which  may  be  in  the  possession  or 
under  the  control  of  any  minor  or  a  person  appearing  to  be  intoxicated, 
a  person  known  to  be  a  notorious  thief,  or  a  person  known  to  have  been 
convicted  of  larceny  or  burglary.    (November  it,  1889.) 

339—  Penalty. 

Sec.  339.  Whoever  violates  any  of  the  provisions  of  this  chapter 
shall  upon  conviction  thereof,  be  fined  in  any  sum  not  less  than  ten 
($10.00)  dollars  nor  more  than  fifty  ($50.00)  dollars,  and  shall  at  the 
discretion  of  the  Mayor  have  his  license  revoked.    (November  11,  1889.) 


CHAPTER  XXV 


PLATS  AND  PLATTING  COMMISSION. 


Section. 

340.  Amend  former  plats. 

341.  Publication.    Session  of  Commission  Re- 


Sectton. 

342.  Acceptance  of  plans  by  owner. 

343.  Salaries  of  Engineer  and  Assistant  En- 


cording  plat,  etc. 


gineer. 


340—  Amend  former  plats. 

Sec.  340.  It  shall  be  the  duty  of  the  Board  of  Public  Service  to 
cause  the  plans  adopted  by  the  forlmer  Platting  Commission  of  said  city 
to  be  amended  in  such  manner  as  shall  be  deemed  best,  which  plans,  when 
so  amended,  shall  show  the  location  of  the  streets  and  alleys  already 
dedicated  and  accepted  by  the  city  and  those  proposed  by  the  commission, 
and  to  do  all  other  things  in  this  connection  required  by  law.  And  for 
the  purpose  of  making  the  necessary  surveys  the  comimission  shall  have 
power  to  enter  upon  all  property  within  the  corporate  limits  of  the  city. 
(June  18,  1906.) 

341—  Notice  of  completion  of  plan— Session  of  Commission— Copy  of  plan  to  be  filed 
with  Recorder  and  Engineer — Power  to  condemn  not  impaired. 

Sec.  341.  When  the  whole  plan  or  any  portion  thereof  is  com- 
pleted, or  when  the  location  of  any  avenue,  street  or  roadway  or  alley 
shall  be  placed  in  the  office  of  the  City  Civil  Engineer,  for  the  inspection 
of  persons  interested,  and  notice  that  it  is  ready  for  inspection  shall  be 
published  in  one  or  more  newspapers  of  general  circulation,  within  the 
city  once  each  week  for  six  consecutive  weeks.  During  such  six  weeks 
the  Comm'^sion  shall  hold  sessions  at  least  once  each  week,  at  the  time  and 
place  stated  in  the  advertisement,  and  at  such  other  times  and  places  as 
it  may  deem  proper,  to  hear  any  objections  that  may  be  urged  against 
any  portion  of  the  amended  plat,  or  the  location  of  any  avenue,  street, 
roadway  or  alley;  and  such  alterations  may  be  made  as  the  Commission 
shall  deem  proper.  At  the  end  of  the  time  aforesaid,  the  Commission 
shall  cause  copies  of  the  amended  plat  as  finally  adopted  to  be  prepared 
and  such  monuments  or  marks  as  it  may  think  necessary  and  proper,  to 
be  placed  on  the  grounds,  and  shall  deposit  one  copy,  certified  to,  by  it, 


PLATS  AND  PLATTING  COMMISSION 


117 


in  the  office  of  the  County  Recorder,  and  another  in  the  office  of  the  City 
Civil  Engineer,  and  such  amended  plan  shall  be  taken  and  deemed  to  be 
the  regularly  adopted  plan  for  streets  ana  alleys  in  such  territory  ;  and  no 
streets  or  alleys  except  those  laid  down  on  such  amended  plan  shall 
subsequently  be  in  any  way  accepted  as  public  thoroughfares  by  the 
City  Council,  nor  shall  any  of  the  public  funds  be  expended  in  the  im- 
provement or  repair  of  streets  or  alleys  subsequently  laid  out  and  not  on 
such  amended  plat :  provided,  however,  that  nothing  herein  shall  be  con- 
strued to  prevent  the  City  Council  from  exercising  the  power  of  con- 
demnation in  any  of  the  cases  where  it  is  now  or  may  hereafter  by  law 
be  authorized  to  condemn  and  appropriate  property  to  public  use,  although 
it  be  not  shown  as  a  street  or  alley  on  such  plat.    (November  9,  1896.) 

342—  Acceptance  by  the  owner. 

Sec.  342.  The  owner  or  owners  of  any  portion  of  the  ground  so 
platted,  may  at  any  time  by  declaration  of  their  intention,  so  to  do,  prop- 
erly acknowledged  and  recorded  in  the  Recorder's  Office,  accept  such 
afmended  plan  so  far  as  it  concerns  their  property,  and  such  acceptance 
or  the  selling  of  lots  by  reference  to  the  amended  plan  of  the  streets  and 
alleys  therein  laid  out,  shall  be  a  statutory  dedication  of  the  streets  and 
alleys  in  the  property  described  in  the  acceptance,  or  of  the  streets  and 
alleys  called  for  in  the  description  of  the  lots  sold,  so  far  as  the  grantor 
has  a  right  to  dedicate  the  same.    (November  9,  1896.) 

343—  Salaries  of  Engineer  and  Assistant. 

Sec.  343.  The  limits  of  the  salaries  of  the  Engineer  and  assistant 
Engineer  of  the  Platting  Commission  of  the  City  of  Canton,  Ohio,  shall 
be  fixed  not  to  exceed  Seventy-Five  ($75.00)  Dollars  a  month  each  for  the 
Engineer  and  Assistant  Engineer  of  the  Platting  Commission.  (January 
22,  1906.) 


CHAPTER  XXVI 


POLICE. 


Section. 

344.  Composition  of  Police  department.  Salaries 

345.  Bond  and  oath. 

346.  Duties  Board  Public  Safety. 

347.  To  draw  three  month's  salary  when  dis- 
abled on  duty. 

348.  To  have  physicians'  and  surgeons'  bills, 
when  paid. 


Section. 

349.  Duty.  Authority. 

350.  Report  as  to  City  lights. 

351.  Use  of  wagon.  Costs. 

352.  Private  Police. 

353.  Duties  of  Private  Police. 

354.  Time  of  service  and  pay  of  Private  Police. 


344—  Composition  of  police  department— Salaries. 

Section  344.  The  Police  Department  of  the  City  of  Canton  shall 
be  composed  of  the  following  officers  and  other  members  who  shall  receive 
the  respective  salaries  hereinafter  provided,  payable  semi-monthly  and 
shall  give  the  respective  bonds  and  take  the  oath  hereinafter  required. 

1.  A  Chief  of  Police  who  shall  receive  $1,000.00  per  annum. 

2.  One  Captain  who  shall  receive  $845.00  per  annum. 

3.  One  Lieutenant  who  shall  receive  $845.00  per  annum. 

4.  One  Sergeant  who  shall  receive  $845.00  per  annum. 

5.  Two  patrol  operators  who  shall  receive  each  $845.00  per  annum. 

6.  Two  patrol  drivers  who  shall  receive  each  $845.00  per  annum. 

7.  Two  Turnkeys  who  shall  each  receive  $845.00  per  annum. 

8.  Fifteen  patrolmen  who  shall  each  receive  $845.00  per  annum. 
The  Police  Department  of  said  city  shall  consist  of  twenty-five  per- 
sons.   (June  1,  T903.) 

345—  Bond  and  oath. 

Sec.  345.  Each  officer  and  member  of  the  Police  Department  shall 
give  a  surety  company  bond  in  the  sum  of  Five  Hundred  ($500.00)  Dollars, 
to  be  approved  by  the  I'oard  of  Public  Safety  and  Mayor,  and  shall  take 
an  oath  to  support  the  Constitution  of  the  United  States  and  the  Consti- 
tution of  the  State  of  Ohio,  and  to  discharge  the  duties  of  his  office 
faithfully,  honestly  and  impartially.    (June  1,  i<;o3.) 


POLICE 


119 


346—  Duties  of  Board  of  Public  Safety. 

Sec.  346.  The  Police  Department  as  constituted  herein  shall  be 
classified  for  appointments  thereto  by  the  Board  of  Public  Safety  as  required 
by  law.    (June  1,  1903.) 

347—  To  draw  three  month's  salary  when  disabled  on  duty. 

Sec.  347.  The  Directors  of  Public  Safety  are  hereby  authorized 
and  directed  to  pay  to  any  policeman  disabled  in  the  discharge  of  his 
duty,  his  full  regular  salary  for  the  period  of  three  months  following  the 
receiving  of  such  disability,  and  for  no  longer  period ;  provided  that,  if 
said  disability  shall  continue  for  a  shorter  period  than  three  months,  then 
and  in  that  event  any  policetman  so  disabled  shall  be  allowed  his  full 
regular  salary  during  the  period  of  such  disability  only.    (January  2,  1905.) 

348—  To  have  physicians'  and  surgeons'  bills  paid  when. 

Sec.  348.  The  Directors  of  Public  Safety  are  hereby  authorized  and 
directed  to  pay  the  physician's  and  surgeon's  bills  of  any  policeman  dis- 
abled in  the  discnarge  of  his  duty  for  the  period  of  three  months  following 
the  receiving  of  such  disability,  and  for  no  longer  period ;  provided,  that 
if  said  disability  shall  continue  for  a  shorter  period  than  three  montfis, 
then  in  that  event  said  physician's  and  suregon's  bills  shall  only  be  paid 
during  the  period  of  such  disability.    (January  2,  1905.) 

349—  Duty  and  authority. 

Sec.  249.  It  shall  be  the  duty  of  the  policemen  and  officers  when  on 
duty  to  suppress  all  riots,  disturbances,  breaches  of  the  peace,  to  pursue 
and  arrest  any  person  fleeing  from  justice  in  any  part  of  the  state,  to 
apprehend  any  and  all  persons  in  the  act  of  committing  any  offense 
against  the  laws  of  the  State  or  the  ordinances  of  the  corooration.  and 
forthwith  bring  such  person  or  persons  before  the  Mayor,  or  other  com- 
petent authority  for  examination,  and  shall  at  all  times  faithfully  enforce 
all  such  laws,  ordinances  and  resolutions  for  the  preservation  of  good 
order  and  the  public  welfare  as  the  Council  may  ordain ;  and  for  such 
purposes  they  shall  have  the  power  of  Constables ;  and  they  may  upon 
view  arrest  any  person  or  persons  who  may  be  guilty  of  a  breach  of  the 
ordinances  of  the  corporation  or  of  any  crime  against  the  laws  of  the 
State  ;  and  may  upon  reasonable  information,  supported  by  affidavit  pro- 
cure process  for  the  arrest  of  any  person  or  persons  who  may  be  charged 
with  a  breach  of  any  ordinances  of  the  corporation.    (November  27,  1893.) 


120 


REVISED  ORDINANCES 


350—  Report  as  to  city  lights. 

Sec.  350.  It  shall  be  the  duty  of  each  night  policeman  and  officer  10 
report  to  the  Board  of  Public  Service  upon  blanks,  suitable  for  such  pur- 
pose, all  gas,  gasoline,  electric  or  other  lights  belonging  or  furnished  to 
the  City  of  Canton,  not  burning,  in  their  respective  beats,  giving  the 
location  of  the  same. 

351 —  Use  of  wagon — Costs. 

Sec.  351.  In  all  cases  where  an  arrest  is  made  within  the  City  of 
Canton,  and  where  it  becomes  necessary  to  use  the  Police  Patrol  Wagon 
to  make  such  arrest  the  Mayor  of  the  city  upon  a  plea  of  guilt,  or  upon 
conviction  in  consequence  of  such  arrest,  in  addition  to  the  costs  now- 
allowed  by  law  and  the  ordinance  of  the  city,  include  therein  a  sum  not 
less  than  One  Dollar  ($1.00)  nor  more  than  Five  Dollars  ($5.00)  in  his 
discretion.    (August  21,  1893.) 

352—  Private  Police. 

Sec.  352.  When  any  person,  partnership  or  body  corporate,  having 
a  place  of  business,  or  controlling  or  owning  any  personal  property  or 
real  estate  within  the  corporate  limits  of  the  City  of  Canton,  shall  desire 
for  the  better  protection  of  their  said  property  or  business,  the  appoint- 
ment of  one  or  more  additional  policemen,  it  shall  be  the  duty  of  the 
Mayor  to  appoint  such  policemen,  who  shall  also  be  commissioned 
by  the  Directors  of  Public  Safety  and  such  policemen  shall  constitute 
the  private  police  force  of  the  City  of  Canton.  No  provision  of  this  ordi- 
nance shall  be  construed  as  affecting  the  regular  classified  list  of  the 
Police  Department.  Each  member  of  the  private  police  force  shall  exe- 
cute a  bond  in  the  sum  of  Five  Hundred  ($500.00)  Dollars  conditioned 
for  the  faithful  performance  of  his  duties.    (June  29,  1903.) 

353—  Duties  of  Private  Police. 

Sec.  353.  The  members  of  the  private  police  force  shall  have  the 
powers,  and  be  subject  to  the  same  regulations  as  other  policemen,  and 
shall  perform  such  police  duties  at  such  place  or  places  within  the  city 
limits  as  the  person,  partnership  or  body  corporate  may  direct,  provided 
that  the  said  duties  shall  not  be  contrary  to  or  inconsistent  with  the 
laws  of  the  State  of  Ohio  or  the  ordinances  of  the  City  of  Canton.  (Octo- 
ber 29,  1888.) 


POLICE 


121 


354— Time  of  service  and  pay  of  Private  Police. 

Sec.  354.  Each  member  of  the  private  police  force  shall  serve  during 
the  pleasure  of  the  person,  partnership  or  body  corporate  requesting  his 
appointment,  and  shall  be  paid  by  them  such  compensation  as  may  be 
agreed  upon  by  him  and  the  persons,  partnership  or  body  corporate  re- 
questing his  appointment.    (October  29,  1888.) 


CHAPTER  XXVII 


POWDER  AND  OTHER  EXPLOSIVES. 


Section. 

355.  Keeping  powder.  Permit. 

356.  Keeping  gasoline.  Permit. 

357.  Dynamite  and  other  explosives,  how  kept. 
Permit. 

358.  Must  not  stand  on  private  ground  more 
than  6  hours.    Public  ground  30  minutes. 


Section. 

359.  Search  of  premises  when,  and  proceedings 
thereon. 

360.  Penalty. 

361.  Firecrackers,  torpedos,  etc. 

362.  Discharging  or  exploding  firecrackers,  etc. 

363.  Saving  clause. 

364.  Penalty. 


355— Keeping  powder— Permit. 

Section  355.  It  shall  be  unlawful  for  any  person  or  persons,  firm  or 
corporation,  to  keep  at  any  one  place  at  the  same  time,  within  the  limits 
of  said  City  of  Canton,  more  than  twenty-eight  (28)  pounds  in  the  aggre- 
gate of  any  kind  of  gun,  blasting  or  giant  powder,  gun-cotton  or  other 
explosive  powder  or  to  keep  said  gun,  blasting  or  giant  powder,  gun 
cotton  or  other  explosive  powder  in  parcels  or  lots  of  more  than  seven  (7) 
pounds  in  each  parcel  or  lot,  or  to  keep  such  parcels  or  lots  other  than 
in  separate  stone  or  earthen  jars,  or  in  metal  canisters  or  other  metal  recep- 
tacles, securely  closed  by  tight  fitting  covers  to  said  jars  or  metal  canisters 
or  other  metal  receptacles.  Provided,  that  such  person  or  persons,  firm  or 
corporation,  shall  have  first  obtained  from  the  Chief  of  the  Fire  Department 
of  said  City  of  Canton,  written  permit  to  keep  within  the  limits  of  said 
city  -said  explosives  above  mentioned,  or  some  of  them,  not  exceeding 
in  the  aggregate  twenty-eight  (28)  pounds,  which  permit  shall  set  forth  the 
kind  or  kinds  of  explosives  desired  to  be  kept,  the  name  of  the  person  or 
persons,  firm  or  corporation  desiring  to  keep  the  same,  the  place 
where  the  same  are  to  be  kept,  and  the  period  of  time  which 
it  is  desired  said,  permit  to  be  in  force ;  and  in  the  event  the  place 
of  keeping  said  explosives  is  changed,  the  sa)me  shall  not  be  done  until 
a  new  permit  is  gotten  in  the  same  manner  above  provided. 

Provided,  further,  that  upon  failure  of  such  person  or  persons,  firm 
or  corporation,  to  observe  the  provisons  of  this  section,  the  Chief  of  said 
Fire  Department  may  revoke  said  permit.    (March  8.  1897.) 


POWDER  AND  OTHER  EXPLOSIVES 


123 


356— Keeping  gasoline,  benzine  and  naptha—  Permit. 

Sec.  356.  It  shall  be  unlawful  for  any  person  or  persons,  firm  or 
corporation  to  keep  at  any  store,  store  room,  except  the  kind  hereinafter 
designated,  warehouse,  office,  building,  or  dwelling  house  within  the 
limits  of  said  city,  any  gasoline,  benzine  or  naptha  in  any  quantity  what- 
soever, but  if  the  quantity  of  any  gasoline,  benzine  or  naptha  shall  be 
less  than  one  barrel  each  thereof  the  same  may  be  kept  in  a  structure  of 
any  kind  at  a  distance  not  less  than  twelve  feet  from  the  aforesaid  store, 
store  room,  except  the  kind  hereinafter  designated,  warehouse,  office, 
building  or  dwelling  house,  but  said  gasoline,  benzine  or  naptha  shall  be 
kept  in  metal  cans  or  other  metal  receptacles  which  shall  be  air  tight 
and  securely  closed  by  air  tight  covers  or  stoppers  to  said  air  tight  cans 
or  other  air  tight  metal  receptacles ;  Provided  that  any  person  or  persons, 
firm  or  corporation  desiring  to  keep  at  any  place  within  the  limits  of  said 
city,  more  than  one  barrel  each  of  gasoline,  benzine,  or  naptha,  or  more 
than  two  barrels  of  petroleum  oil  inspected  and  approved  by  the  inspector 
of  oil  of  the  State  of  Ohio1  or  his  deputies,  shall  first  provide  or  cause  to  bp 
provided  therefor,  metal  receptacles,  or  shall  erect  or  cause  to  be  erected  or 
provided,  a  warehouse  which  shall  be  made  either  of  brick,  iron,  or  stone,  or 
all  of  said  materials ;  Provided,  however,  that  no  gasoline,  benzine  or  naptha 
of  more  than  one  barrel  each,  or  any  petroleum  oil  inspected  and  approved 
by  the  inspector  of  oil  of  the  State  of  Ohio,  or  his  deputies,  of  more  than 
two  barrels  in  quantity  shall  be  kept  in  any  warehouse  or  building  con- 
structed in  whole  or  in  part  of  wood ;  Provided  further  that  before  any 
of  said  explosives,  or  said  petroleum  oil  inspected  as  above  stated,  shall 
be  stored  therein,  or  in  said  metal  receptacles,  the  person  or  persons,  firm 
or  corporation,  desiring  to  do  so,  shall  have  said  receptacle  or  receptacles 
or  building  inspected  by  the  Chief  of  the  Fire  Department  of  said  city, 
and  upon  such  inspection,  being  had  by  said  Chief,  he  shall,  in  the  event 
it  shall  be  found  by  him  that  said  receptacle  is  safe  and  secure,  or  that 
said  building  has  been  constructed  as  provided  in  this  ordinance,  issue  to 
said  person  or  persons,  firm  or  corporation,  a  written  permit  to  store 
therein  gasoline,  benzine,  or  naptha,  in  greater  quantities  than  one  barrel 
each,  or  said  petrol eu'm  oil  so  inspected  in  greater  quantities  than  two 
barrels  as  above  provided  ;  Provided,  further,  that  upon  a  violation  of  any 
of  the  provisions  of  this  section,  said  Chief  of  the  Fire  Department  may 
revoke  said  permit.    (March  21,  1904.) 


124 


REVISED  ORDINANCES 


357—  Dynamite  and  other  explosives,  how  kept— Permit. 

Sec.  357.  It  shall  be  unlawful  for  any  person  or  persons,  firm  or 
corporation,  to  keep  or  have  in  his  or  their  possession,  within  the  limits 
of  said  City  of  Canton,  the  substance  or  material  known  as  and  called 
dynamite,  nitroglycerine,  or  other  nitro  exprosive  compound,  save  and 
except  those  provided  for  in  Section  355  of  this  ordinance  and  as  provided 
for  in  the  following  section,  except  such  person  or  persons,  firm  or  cor- 
poration, when  desiring  the  same  for  immediate  sale  or  shall  have  first 
obtained  from  the  Chief  of  the  Fire  Department  of  said  City  of  Canton, 
permit  in  writing  so  to  do,  which  permit  shall  set  forth  the  kind  or  kinds 
of  explosives,  whether  dynamite,  nitroglycerine,  or  both,  or  other  nitro 
explosive  compound,  as  near  as  possible,  the  amount  which  it  is  de- 
sired from  time  to  time  to  bring  into  said  city,  the  name  of  the  person  or 
persons,  firm  or  corporation,  desiring  to  bring  the  same  into  said  city ;  and 
thereupon  said  Chief  of  the  Fire  Department  of  said  City  may,  if  he  so 
deems  best,  grant  to  such  person  or  persons,  providing  they  be  of  the  age 
of  twenty-one  or  over,  or  to  some  person  or  persons  of  such  age  repre- 
senting said  firm  or  corporation,  written  pemit  to  bring  into  said  city  trorn 
time  to  time  for  immediate  sale  such  amount  of  dynamite,  nitroelvcerine 
or  other  nitro  explosive  compound,  and  in  such  quantities  and  at  such 
times  and  extending  over  such  period  of  time  as  said  Chief  of  the  Fire 
Department  may  fix  upon,  which  permit  may  be  revoked  by  said  Chief, 
if  in  his  opinion  the  same  has  in  any  respect  been  violated  by  the  person 
or  persons,  firm  or  corporation,  to  whom  the  same  has  been  given.  (March 
8,  1897.) 

358—  Must  not  stand  on  private  grounds  more  than  six  hours— Public  grounds 
thirty  minutes. 

Sec.  358.  No  person  or  persons,  firm  or  corporation,  except  as  pro- 
vided in  the  foregoing  sections,  shall  cause  or  knowingly  permit  upon 
premises  over  which  such  person  or  persons,  firm  or  corporation,  has 
supervision  or  control,  within  said  City  of  Canton,  any  car,  wagon,  cart 
or  other  vehicle,  wholly  or  partially  loaded  with  gunpowder,  gun-cotton, 
dynamite,  nitroglycerine,  petroleum  oil  not  inspected  and  approved  by  the 
Inspector  of  Oils  of  the  State  of  Ohio,  or  other  dangerous  and  explosive 
substances  not  in  transit,  to  stand  upon  any  railroad,  sidetrack  or  other 
place  not  upon  public  grounds  for  a  longer  period  of  time  than  six  hours, 
or  upon  any  street,  or  public  grounds  for  more  than  thirty  minutes,  or 


POWDER  AND  OTHER  EXPLOSIVES 


125 


remain  within  the  limits  of  said  city  when  not  in  transit  for  more  than 
three  hours,  except  as  provided  in  the  foregoing'  sections.    (March  8,  1897.) 

359— Chief  of  Police  or  Chief  of  Fire  Department  or  any  policeman  may  upon 
warrant  search  premises— May  search  without  warrant,  when— Explosives  found, 
how  disposed  of— Forfeiture. 

Sec.  359.  It  shall  be  the  duty  of  the  Chief  of  Police  or  Chief  of  the 
Fire  Department  of  said  City,  on  any  day,  or  any  policeman,  having  a 
search  warrant  for  the  purpose,  issued  by  the  Mayor,  to  enter  in  the  day 
time,  between  sunrise  and  sunset,  into  any  house  or  building  or  other  place 
within  said  city,  where  gun  powder,  blasting  powder,  gun-cotton,  dyna- 
mite, gasoline,  benzine,  naptha,  nitroglycerine  or  other  explosive  compound 
or  substance,  or  petroleum  oil  is  kept  or  suspected  to  be  kept  contrary 
to  the  provisions  of  this  chapter  and  examine  the  premises,  and  it  shall  be 
lawful  for  said  Chief  of  Police,  or  Chief  of  the  Fire  Department,  and  any 
policemen,  or  any  person  having  command  for  the  time  being  of  any 
fire  company  of  said  city  at  the  breaking  out  of  any  fire,  to  enter  without 
warrant  at  any  time  of  any  day  or  year,  into  any  house  or  building  ^r 
other  place  in  said  city  in  the  vicinity  of  such  fire  where  said  gunpowder, 
blasting  powder,  gun-cotton,  dynamite,  gasoline,  benzine,  naptha,  nitro- 
glycerine, or  other  nitro  explosive  compound  or  substance,  or  petroleum 
oil  is  kept  or  suspected  to  be  kept,  and  examine  the  premises  and  in 
either  case  aforesaid,  said  person  or  persons  or  any  of  them  may  lawfully 
seize  such  gunpowder,  blasting  powder,  gun-cotton,  dynamite,  gasoline, 
benzine,  naptha,  nitroglycerine  or  other  explosive  compound  or  sub- 
stance, or  petroleum  oil,  if  it  be  kept  contrary  to  this  ordinance,  and  if 
such  seizure  be  made  by  any  person  or  persons  other  than  those  above 
designated,  it  shall  be  delivered  over  to  the  Chief  of  Police  of  said  city, 
if  the  same  be  kept  contrary  to  this  ordinance.  But  if  the  same  has  not 
been  kept  contrary  to  this  ordinance  it  shall  be  restored  to  the  owner  or 
person  in  whose  possession  it  was  found.  If  kept  contrary  to  this  ordi- 
nance, the  Chief  of  Police  shall  report  the  same  to  the  Mayor,  together 
with  the  name  of  the  owner  or  person  in  whose  possession  the  same  was 
found,  and  if  not  found  in  the  possession  of  any  person,  that  fact  shall 
be  reported,  and  the  Mayor  shall  enter  these  facts  on  his  docket,  and  shall 
issue  a  citation  to  be  served  by  the  Chief  of  Police,  requiring  such  owner 
or  person,  firm  or  corporation,  in  whose  possession  such  explosive  was 
found,  to  appear  on  a  certain  day  and  show  cause  why  the  same  should 


126 


REVISED  ORDINANCES 


not  be  forfeited.  And  when  such  explosive  was  not  found  in  the  possession 
of  any  person,  notice  shall  be  published  twice  in  some  newspaper  of  gen- 
eral circulation  in  said  city,  and  after  the  Chief  of  Police  shall  return  said 
citation  served,  or  shall  return  that  the  owner  or  person  in  whose  posses- 
sion said  explosive  was  found  cannot  be  found  in  said  city,  or  after  publi- 
cation as  aforesaid,  the  Mayor  shall  proceed  and  adjudge  that  said  explosive 
and  receptacle  are  forfeited  to'  said  city,  and  shall  issue  an  order  directing 
the  Chief  of  Police  to  sell  the  same,  who  shall,  after  ten  days'  notice  pub- 
lished according  to  law,  sell  said  explosive  and  receptacle  at  public  auc- 
tion, and  make  return  of  his  proceedings,  and  pay  over  the  net  proceeds 
arising  from  said  sale  to  the  Mayor  within  thirty  days  from  the  date  of 
such  order  and  said  proceeds  after  payment  of  such  costs  as  are  allowed 
on  process  and  execution  at  law,  shall  be  paid  by  the  Mayor  into  the 
City  Treasury  the  same  as  provided  for  fines  and  licenses. 

If  any  person  shall  appear  and  contest  the  forfeiture,  aforesaid,  he  shall 
be  personally  liable  for  costs,  for  which  the  Mayor  shall  render  judgment, 
if  the  decision  be  in  favor  of  said  city.  And  it  is  further  declared  that  the 
search  warrant  mentioned  in  the  first  part  of  this  section  may  be  issued 
by  the  Mayor  on  the  oath  or  affirmation  of  any  creditable  person.  And  n 
if  further  declared  that  the  forfeitures  and  proceedings  in  this  section 
mentioned  are  to  be  in  addition  to  the  fines  imposed  by  the  following 
section  of  this  ordinance.  (March  21,  1904.) 
360 -Penalty. 

Sec.  360.  Any  person  or  persons,  or  officer  or  officers  of  any  co-part- 
nership or  corporation,  or  agent  or  agents  of  any  co-patnership  or  cor- 
poration violating  any  of  the  preceding  sections  of  this  chapter,  shall,  upon 
conviction  before  the  Mayor,  pay  a  fine  of  not  less  than  Thirty  Dollars 
($30.00)  or  more  than  One  Hundred  Dollars  ($100.00)  for  each  violation 
thereof,  and  said  Mayor  shall  have  power  to  commit  to  the  city  prison 
the  person  or  persons,  officer  or  officers  of  any  co-partnership  or  corpora 
tion,  so  fined,  until  said  fine  and  costs  be  paid,  or  until  such  person  or 
persons,  officer  or  officers,  or  agent  or  agents,  of  any  co-partnership  or 
corporation  shall  be  discharged  by  due  course  of  law.  (March  21,  1004.) 
361  — Firecrackers,  torpedos,  etc. 

Sec  361.  It  shall  be  unlawful  for  any  person  or  persons  in  the  City 
of  Canton,  State  of  Ohio,  to  sell  or  offer  for  sale  or  to  give  away,  or  to 


POWDER  AND  OTHER  EXPLOSIVES 


127 


have  in  possession  for  said  purpose,  any  firecracker  larger  than  four 
inches  in  length,  any  firecracker  or  similar  contrivance  containing  dynamite, 
nitroglycerine  or  gun-cotton,  any  cannon  or  torpedo  of  any  description, 
cartridge,  blank  cartridge,  toy  pistol,  concussion  cane  or  other  device 
attached  to  a  string,  in  which  blank  cartridges  of  caps  are  discharged 
or  any  percussion  caps  for  toy  pistols.    (February  19,  1906.) 

362—  Discharging  or  exploding  firecrackers,  etc. 

Sec.  362.  It  shall  be  unlawful  to  discharge  or  explode,  or  to  have  in 
possession  for  such  purpose,  within  the  City  of  Canton,  Ohio,  any  fire- 
cracker larger  than  four  inches  in  length,  any  firecracker  or  similar  con- 
trivance containing  dynamite,  nitroglycerine,  or  gun-cotton,  any  cannon 
or  torpedo  of  whatever  description,  cartridge,  blank  cartridge,  toy  pistol, 
concussion  cane  or  contrivance  attached  to  a  string  in  which  blank  car- 
tridges or  caps  are  discharged,  revolver,  gun  or  explosive,  or  to  place 
upon  any  street  railway,  or  upon  any  other  railway  tracks,  or  to  place 
under  any  vehicle  or  other  moving  object  any  mixture  of  sulphur  or 
potash,  or  to  so  place  any  other  explosive.    (February  19,  1906.) 

363—  Excepting  clause. 

Sec.  363.  The  provisions  of  this  ordinance  shall  not  apply  to  the 
use  of  explosives  or  cartridges  for  legitimate  commercial  purposes. 
(February  19,  1906.) 

364—  Penalty. 

Sec.  364.  Any  violaton  of  sections  361,  362  and  363  shall;  be  a  mis- 
demeanor and  shall  be  punished  by  a  fine  of  not  less  than  Five  Dollars 
($5.00)  nor  more  than  Fifty  Dollars  ($50.00),  or  imprisonment  in  the  work- 
house not  to  exceed  thirty  days,  or  both.   (February  19,  1906.) 


CHAPTER  XXVIII 


PRISONERS. 


Section. 

565.    Hard  labor,  how  and  where  performed. 

Prisoners  under  sixteen. 
366  Imprisonment. 

367.    Superintendent  of  streets  to  have  care  on 
streets. 


Section. 

368.  Chief  of  Police  to  provide  food. 

369.  Food  for  prisoners,  how  paid  for. 

370.  Mayor  may  remit  fines. 

371.  Persons  convicted  to  stand  committed. 


365 —  Hard  labor,  how  and  where  performed— Prisoners  under  sixteen. 

Section  365.  Whenever  any  person  or  persons  shall  be  sentenced  to 
imprisonment  to  hard  labor  as  a  part  of  the  punishment  of  such  person 
or  persons  for  the  violation  of  any  of  the  city  ordinances,  or  for  non- 
payment of  any  fine  or  costs  which  may  be  adjudged  against  such  person 
or  persons,  such  labor  shall  be  performed  in  the  yard  attached  to  the 
city  prison,  on  the  streets  and  alleys  of  the  city,  in  the  Stark  County 
Workhouse,  or  at  such  other  place  or  places  as  the  Committee  on  Police 
shall  determine  or  direct,  in  such  manner  or  under  such  regulations  as 
said  committee  shall,  from  time  to  time,  deem  proper  to  prescribe,  not 
inconsistent  with  the  laws  of  the  state  and  the  ordinances  of  the  city: 
Provided,  that  persons  under  age  of  sixteen  years  shall  not  be  sentenced 
to  hard  labor  for  the  first  offense,  nor  the  second  offense,  unless  the  Mayor 
shall  be  satisfied  that  there  is  no  other  way  to  effect  the  reformation  of 
such  persons,  or  to  deter  them  from  the  future  violation  of  the  city 
ordinances.    (June  18,  1906.) 

366 —  Imprisonment. 

Sec.  366.  All  such  persons  as  shall  be  committed  to  prison  for  the 
non-payment  of  fines  and  costs  only,  shall  be  allowed  the  sum  of  Sixty 
(60)  Cents  per  day  for  their  labor,  until  the  amount  of  such  fine  and  costs 
is  thereby  satisfied.    (June  18,  1906.) 

367—  Superintendent  of  streets  to  have  care  of  prisoners  on  streets. 

Sec  All  persons  so  committed  to  imprisonment  at  hard  labor, 

while  laboring  upon  the  streets  or  alleys,  of  the  City,  shall  be  under  the 
care  and  superintendence  of  the  Superintendent  of  Streets,  who  shall  see 
that  they  keep  orderly  and  constantly  employed,  and  to  prevent  the  escape 


PRISONERS 


129 


of  any  such  prisoner,  there  shall  be  attached  to  the  leg  of  each  prisoner 
a  suitable  ball  and  chain.    (June  18,  1906.) 

368—  Chief  of  Police  to  provide  food. 

Sec.  368.  It  shall  be  the  duty  of  the  Chief  of  Police  to  provide  all 
persons  confined  in  the  city  prison  with  necessary  food  during-  such  con- 
finement, and  to  see  that  such  places  of  confinement  are  kept  clean  and 
made  comfortable  for  the  inmates  thereof.    (June  18,  1906.) 

369 —  Food  for  prisoners,  how  paid  for. 

Sec.  369.  On  the  presentation  of  bills  for  food,  sustenance  and  neces- 
sary supplies  for  such  prisoners  by  said  Chief  of  Police,  to  the  Board  of 
Public  Safety,  said  Board  of  Public  Safety  shall  carefully  examine  said 
bills,  and  shall  authorize  the  payment  of  the  same  in  such  amount  or 
amounts  as  they  shall  think  proper,  and  shall  direct  the  City  Auditor  to 
draw  his  warrant  or  warrants  on  the  city  for  the  same.    (June  5,  1906.) 

370—  Mayor  may  remit  fines. 

Sec.  370.  Any  fine  or  penalty  incurred  under  the  provisions  of  any 
ordinance  of  the  city  may  l>e  remitted  by  the  Mayor,  upon  good  cause 
shown,  and  proof  of  inability  of  the  person  fined  to  discharge  such  fine  or 
penalty  by  labor  or  otherwise.    (September  17,  i860.) 

371—  Persons  convicted  to  stand  committed. 

Sec.  371.  In  every  case  of  conviction  and  assessment  of  fine  and 
costs,  for  violating  any  of  the  provisions  of  any  of  the  ordinances  of  the 
city,  the  person  or  persons  so  convicted,  shall  stand  committed  until  such 
fine  and  costs  are  paid,  or  until  such  person  or  persons  be  discharged  by 
due  process  of  the  law.    (September  17,  i860.) 


CHAPTER  XXIX 


PUBLIC  HEALTH. 


BOARD  OF  HEALTH. 

Section. 

372.  Board  of  Health,  Mayor  and  five  members. 

373.  Term  of  office. 

374.  Health  Officer. 

375.  Powers  of. 

376.  Powers  of.   Orders  to  have  force  of  ordi- 
nances. Penalty. 

377.  Board  to  recommend  measures  to  Council. 

BURIALS. 

378.  Undertaker's  permit.     Undertaker's  cer- 
tificate. 

379.  Phvsician's  report. 

380.  Health  Officer's  duty,  where  no  certificates 
obtainable. 

381.  Cemetery  Officers  to  require  permit. 

382.  Sexton's  return. 

383.  Permit  to  transport  bodies. 

384.  Penalty. 

SAI,E  OF  UNWHOLESOME  MEAT, 
VEGETABLES,  ETC. 

385.  Diseased  meat,  etc. 

386.  Sale  of  meat  from  certain  animals  pro- 
hibited. 

387.  Bringing  or  selling  diseased  cattle,  meat  or 
milk  therefrom. 

388.  Selling  or  keeping  impure  or  unwholesome 
meat. 

389.  Calf,  pig  or  lamb  under  one  month  old, 
sale  prohibited. 

390.  Sale  of  decayed  or  damaged  vegetables  or 
fruit  prohibited. 

391.  Sale  of  unwholesome  milk,  butter,  etc.,  pro- 
hibited. 

392.  Rights  of  Board  of  Health  to  inspection. 

393.  Penalty. 


DANGEROUS  OR  INFECTIOUS 
DISEASES. 

Section. 

394.  Unlawful  to  introduce  smallpox,  etc. 

395.  Board  of  Health  to  take  measures  to  pre- 
vent epidemic  of  smallpox.  Vaccination 
required.  Penalty. 

396.  Scholars  to  be  vaccinated. 

397.  Children  from  families  having  scarlet  fever 
or  diptheria  not  to  attend  school.  Certifi- 
cate of  physician. 

398.  Persons  sick  with  smallpox,  etc.,  to  be 
under  control  of  Board  of  Health. 

399.  To  prevent  contagion  and  infection. 

400.  Contagious  and  infectious  diseases  to  be  re- 
ported to  the  Board  of  Health. 

401.  Health  Officer  to  report  certain  diseases  to 
Superintendent  of  Schools. 

402.  Board  of  Health  to  cause  persons  with 
smallpox,  etc  ,  to  be  confined.  Flag  on 
dwelling. 

403.  Unlawful  to  attend  certain  funerals.  No- 
tice. Proviso. 

404.  Care  and  disposition  of  corpse  when  death 
caused  by  certain  diseases. 

40s  Persons  not  to  enter  buildings  in  certain 
cases. 

406.  Visiting  hospitals. 

407.  Shipping  bodies  without  permit. 

408.  Bodies  not  to  be  transported  in  public  con- 
veyances in  certain  cases. 

409.  Casket  to  be  provided. 

410.  Penalty. 

411.  Physicians  and  midwives  to  report  briths 
to  Board. 

412.  Physicians  to  report  deaths. 

413.  Coroner  to  report. 

414.  Penalty. 


372—  Board  of  Health,  Mayor  and  five  members. 

Section  372.  There  is  hereby  established  a  Board  of  Health,  which 
shall  be  cqmposed  of  five  meimbers  to  be  appointed  by  the  Mayor  and 
confirmed  by  Council,  who  shall  serve  without  compensation,  and  a  ma- 
jority of  whom  shall  constitute  a  quorum  ;  and  the  Mayor  shall  be  Presi- 
dent by  virtue  of  his  office.    (July  13,  1903.) 

373—  Term  of  office. 

Sec.  373-  The  term  of  office  of  the  members  of  such  board  shall  he 
five  (5)  years  from  the  date  of  appointment,  and  until  their  successors 


PUBLIC  HKAI/TH 


131 


are  appointed  and  qualified  and  in  conformity  to  Section  2114  of  the 
Revised  Statutes  of  the  State  of  Ohio.    (July  13,  1903.) 

374—  Health  Officer. 

Sec.  374.  Said  Board  shall  appoint  a  Health  Officer,  who  shall  per- 
form such  duties  and  receive;  such  compensation  as  the  said  board  may 
determine  and  shall  serve  during  the  pleasure  of  the  said  board.  (July 
30,  1888.) 

375 —  Powers  of  the  Board  of  Health — Permit  for  privy  vaults. 

Sec.  375.  The  Board  of  Health  of  said  city  shall  have  the  power  to 
abate  and  remove  all  nuisances  within  the  city,  and  assess  the  costs  and 
expenses  of  the  same  upon  the  property,  where  such  nuisance  is  situated, 
which  assessment,  when  duly  certified  by  the  President  of  the  board,  to  the 
County  Auditor,  shall  become  a  lien,  to  be  collected  the  same  as  any 
other  tax  in  favor  of  the  City,  and  to  compel  the  proprietors  or  owners, 
agents  or  assignees,  occupants  or  tenants  of  the  lot  or  property,  house  or 
building  upon  or  in  which  any  nuisance  may  be,  to  abate  and  remove 
the  same,  to  regulate  the  construction  and  arrangement  of  all  water 
closets  and  privy  vaults ;  And  any  person  or  persons  intending  to  construct 
a  privy  vault  or  cess-pool,  shall  first  obtain  a  written  permit  so  to  do 

from  said  board,  signed  by  the  Health  Officer,  which  permit  shall  designate 
the  locality  of  lot,  distance  frolm  any  house,  well  or  spring,  the  kind  of 
vault  or  cesspool  and  depth  thereof,  and  shall  state  what  ventilation  is 
required,  and  said  board  shall  have  the  further  power  to  regulate  and 
control  the  emptying  and  cleaning  of  all  such  vaults,  and  when  complaint 
is  made,  or  a  reasonable  belief  exists,  that  an  infectious  or  contagious 
disease  prevails  in  any  locality  or  house,  to  visit  such  locality  or  house ; 
make  all  necessary  investigations  by  inspection,  and  on  discovery  that 
such  infectious  or  contagious  diseases  exist,  to  send  the  person  or  persons 
so  diseased  to  the  pest-house  or  hospital.  And  any  person  violating  the 
provisions  of  this  section  shall  upon  conviction  thereof,  be  fined  in  any 
sum  not  exceeding  Fifty  Dollars  ($50.00)  and  costs  of  prosecution.  (De- 
cember 21,  1 89 1.) 

376—  Powers— Orders  to  have  force  of  ordinance— Penalty. 

Sec.  376.  Said  board  shall  have  the  power  to  meet  from  time  to  time 
as  often  as  they  deem  necessary,  and  to  pass  all  such  orders  and  regula- 
tions as  they  shall  from  time  to  time  deem  necessary  for  the  public  health, 


132 


REVISED  ORDINANCES 


and  for  the  prevention  of  diseases,  and  all  such  orders  and  regulations 
shall  have  all  the  force  and  effect  of  ordinances  of  the  corporation,  and 
whoever  shall  violate  or  fail  to  comply  with  any  of  the  said  orders  or  regu- 
lations shall  be  subject  to  a  fine  not  to  exceed  fifty  dollars  ($50.00).  (July 
30,  1888.) 

377 —  Board  to  recommend  measures  to  Council. 

Sec.  377.  The  Board  of  Health  shall  from  time  to  time  recommend 
to  the  City  Council  such  measures  as  they  may  deem  necessary  to  pro- 
mote and  secure  the  health  of  the  city,  and  to  prevent  the  introduction  of 
contagious,  dangerous  and  infectious  diseases. 

378 —  Undertaker's  permit— Undertaker's  Certificate. 

Sec.  378.  It  shall  be  the  duty  of  every  undertaker  or  other  person, 
before  moving  the  body  of  any  deceased  person  for  burial  to  or  from  the 
city,  to  obtain  from  the  Health  Officer  a  permit  so  to  do,  and  before  ob- 
taining said  permit  he  shall  deposit  with  the  Health  Officer  a  certificate 
setting  forth  as  nearly  as  he  can  ascertain,  the  name,  age,  sex,  color  and 
occupation  of  the  deceased,  and  also  the  nativity,  giving  state  or  country, 
whether  married  or  single,  widow  or  widower,  place  of  late  residence, 
duration  of  last  sickness,  cause  of  death  both  primary  and  secondary, 
if  known,  date  of  death,  place  and  date  of  interment  and  birth-place  of 
parents,  giving  state  or  country,  and  name  of  physician  attending  at  the 
last  sickness,  if  any,  which  certificate  shall  be  signed  by  the  undertaker, 
or  other  person  taking  charge  of  the  body,  and  which  shall  be  made  out 
on  blanks  furnished  by  the  Board  of  Health.    (January  7,  1889.) 

379—  Physician's  report. 

Sec.  379.  It  shall  be  the  duty  of  every  physician,  or  surgeon,  in 
attendance  at  the  time  of  death  of  any  person,  or  if  there  be  no'  physician 
or  surgeon  in  charge  or  attendance  at  such  time,  then  of  any  other  person 
having  actual  knowledge  of  the  same,  to  report  to  the  Health  Officei 
within  twenty-four  hours  after  such  death,  the  date  of  death,  name  of 
deceased,  with  sex,  color,  residence  and  cause  of  death,  both  primary  and 
secondary,  and  upon  blanks  furnished  by  said  board  when  procurable. 
(January  7,  1889.) 

380—  Health  Officer's  duty  where  no  certificate  obtainable. 

See.  380.  Whenever  a  burial  permit  is  applied  for  in  case  of  death 
without  the  attendance  of  a  physician  or  surgeon,  or  if  it  be  difficult  or 


PUBLIC  HEALTH 


133 


impossible  to  obtain  the  certificate  of  the  physician  or  surgeon  in  attend- 
ance -at  the  time  of  death,  or  the  Board  of  Health  deem  it  necessary  in 
order  to  secure  correct  returns,  it  shall  be  the  duty  of  the  Health  Officer 
to  investigate  the  cause  and  circumstances  of  such  death,  to  make  and  sign 
the  certificate  required,  and  if  not  satisfied  as  to  the  cause  and  circum- 
stances of  such  death,  the  Health  Officer  shall  refer  the  case  to  the 
Coroner  of  the  county  to  make  such  investigation  and  report.  (January 
7,  1889.) 

381 —  Cemetery  Officers  to  require  permit. 

Sec.  381.  It  shall  be  unlawful  for  any  superintendent  or  sexton  of 
any  cemetery  in  or  over  which  the  city  may  have  control  to  receive  for 
burial  or  deposit  in  any  tomb  or  vault,  the  body  of  any  deceased  person, 
until  the  undertaker  or  any  other  person  in  charge  of  the  body  shall  have 
presented  to  the  superintendent  or  sexton  a  permit  from  the  Health 
Officer  for  such  interment  or  deposit;  And  such  superintendent  or  sexton 
of  any  such  cemetery  shall  transmit  to  the  office  of  the  Health  Officer  a 
monthly  report,  embodying  the  above  items  and  facts  of  and  concerning 
each  and  every  interment  or  deposit  made  in  the  cemetery  vault  or  tomb 
under  his  supervision.    (January  7,  1889.) 

382—  Sexton's  return. 

Sec.  382.  Every  such  superintendent  or  sexton  shall  make  returns 
of  permits  issued  to  him  by  said  board  on  the  first  Monday  of  each  month. 
(January  7,  1889.) 

383—  Permits  to  transport  bodies. 

Sec.  383.  No  dead  body  or  part  of  a  body  of  any  human  being  shall 
in  any  manner  be  carried  or  conveyed  from,  into,  or  through  the  city, 
by  any  person  or  persons  by  means  of  a  car,  stage  or  other  mode  of  trans- 
portation, public  or  private,  without  a  permit  first  granted  by  said  Board 
or  Health  Officer;  Provided  that  the  same  effect  shall  be  eiven  bv  said 
board  or  Health  Officer  to  a  burial  or  transit  permit  issued  by  any 
proper  authority  of  any  place  or  jurisdiction  when  the  death  of  the  person 
named  in  the  permit  shall  have  occurred  within  such  place  or  jurisdiction. 
(January  7,  1889.) 

384—  Penalty. 

Sec.  384.  Any  person  violating  or  failing  to  comply  with  any  pro- 
vision of  the  next  six  preceding  sections  shall  upon  conviiMion,  be  fined 


134 


REVISED  ORDINANCES 


in  any  sum  not  less  than  Five  nor  more  than  Fifty  ($50.00)  Dollars  and 
the  costs  of  prosecution.    (January  7,  1889.) 

385—  Diseased  meat,  etc. 

Sec.  385.  No  person  or  persons  shall  bring-  into  the  city,  or  sell  or 
offer  for  sale  for  human  food  in  any  market,  public  or  private,  any  cattle, 
sheep,  hog  or  lamb,  or  any  meat,  fish,  game  or  poultry,  that  is  diseased, 
unsound,  unwholesome,  or  which  for  any  other  reason  is  unfit  for  human 
food.  The  fact  that  any  cattle,  sheep,  hog-  or  lamb  being  in  any  stockyard 
or  slaughter  house  pen,  shall  be  considered  sufficient  evidence  that  the 
same  is  being  exposed  there  for  sale,  and  the  fact  that  the  carcass  of  any 
cattle,  hog,  sheep  or  lamb  or  any  part  thereof  is  found  in  any  slaughter 
house  or  any  public  or  private  market,  or  place,  dressed  and  prepared  as 
such  meats  usually  are  for  market,  shall  be  deemed  sufficient  evidence 
that  the  same  is  for  sale  for  human  food ;  and  no  animal  or  any  part  thereof, 
or  any  fish,  game  or  poultry  that  has  been  examined  and  condemned  by 
the  Health  Officer,  shall  be  held,  sold  or  offered  for  sale  for  human  food 
in  any  market  or  place  in  the  city.    (January  14,  1889.) 

386 —  Sale  of  meat  from  certain  animals  prohibited. 

Sec.  386.  No  person  shall  hold,  sell  or  offer  for  sale  for  human  food, 
the  meat  of  any  animal  killed  when  far  enough  advanced  in  pregnancy  to 
make  the  meat  from  the  same  unwholesome  and  unfit  for  hu'man  food, 
nor  the  meat  of  any  animal  killed  while  in  an  overheated  or  feverish  con- 
dition.   (January  14,  1889.) 

387—  Bringing  or  selling  diseased  cattle,  meat  or  milk  therefrom. 

Sec.  387.  No  person  or  persons  shall  bring  into  this  city,  or  sell 
or  offer  for  sale  any  cattle  which  have  been  exposed  to  or  are  liable  to 
communicate  the  cattle  disease,  nor  the  meat  or  milk  of  any  such  cattle. 
(January  14,  1889.) 

388—  Selling  or  keeping  impure  or  unwholesome  meat. 

Sec.  388.  No  cased,  blown,  plaited,  raised,  stuffed,  putrid,  impure, 
overheated  or  unwholesome  meat,  or  the  meat  of  any  animal,  fish,  bird 
or  fowl,  that  have  died  of  any  disease  or  accident,  shall  be  held,  bought  or 
sold,  or  offered  for  sale  for  human  food,  or  held  or  kept  in  any  market, 
public  or  private  in  the  city.   (January  14,  [889.) 


PUBLIC  HEALTH 


135 


389—  Calf,  pig  or  lamb  under  one  month  old,  sale  prohibited. 

Sec.  389.  No  calf,  pig  or  laimb,  or  the  meat  thereof  shall  be  bought, 
held,  sold,  or  offered  for  sale,  for  human  food,  in  the  city,  which  when 
killed,  was  less  than  one  month  old.    (January  14,  1889.) 

390—  Sale  of  decayed  vegetables  or  fruit  prohibited. 

Sec.  390.  No  person  or  persons  shall  hold,  sell  or  offer  for  sale, 
or  bring  into1  the  city  for  sale,  any  decayed  or  damaged  vegetables  or 
fruit.    (January  14,  1889.) 

391—  Sale  of  unwholesome  milk,  butter,  etc.,  prohibited. 

Sec.  391.  It  shall  be  unlawful  for  any  person  or  persons  to  sell,  offer 
or  have  for  sale  in  the  city  any  unwholesome,  impure,  watered  or  adul- 
terated milk,  or  milk  known  as  (swill  milk),  or  milk  from  cows  that  are 
fed  on  swill,  garbage,  or  other  like  substances,  or  any  butter  or  cheese 
made  from  any  such  milk.    (January  14,  1889.) 

392—  Rights  of  Board  of  Health  to  inspection. 

Sec.  392.  No  butcher,  milk  dealer,  green  grocer,  fruit  dealer,  or  other 
persons  dealing  in  any  substance  or  material  used  for  human  food,  shall 
refuse  to  allow  any  person  or  persons  authorized  by  the  Board  of  Health 
to  fully  inspect  any  and  all  substances  and  materials  held,  offered,  or  in- 
tended for  sale,  and  shall  answer  all  reasonable  and  proper  questions  asked 
by  such  person  or  persons  relative  to  the  condition  thereof,  place  where 
such  substance  and  materials  may  be,  and  of  whom  procured.  The  fact 
of  such  substances  and  materials  being  found  in  the  possession  or  on  the 
premises  of  any  person  as  aforesaid  shall  be  deemed  sufficient  evidence 
that  such  substances  and  materials  are  held  for  sale.    (January  14,  1889.) 

393—  Penalty. 

Sec.  393.  Any  person  violating  any  provision  of  the  next  pre- 
ceding eight  sections,  shall  upon  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  Fifty  ($50.00)  Dollars  and  costs  of  prosecution.  (January 
14,  1889.) 

394—  Unlawful  to  introduce  smallpox  or  other  dangerous  or  infectious  diseases. 

Sec.  394.  It  shall  be  unlawful  for  any  person  or  persons  to  introduce 
or  to  aid  and  assist  in  introducing  into  the  City,  the  small-pox  or  any 
other  dangerous,  malignant,  pestelential,  contagious  or  infectious  disease 
(January  14,  1889.) 


136 


REVISED  ORDINANCES 


395—  Board  of  Health  to  take  measures  to  prevent  epidemic  of  smalI=pox — Vacci= 
nation  required— Penalty. 

Sec.  395.  The  Board  of  health  shall,  in  case  of  epidemic,  take  such 
measures  as  it  shall  deem  necessary  to  prevent  the  spread  of  small-pox 
by  issuing  an  order  requiring  all  persons  residing1  or  temporarily  stopping 
within  the  city,  or  any  part  thereof,  to  be  vaccinated  within  such  time  as 
it  may  prescribe,  and  all  persons  refusing  or  neglecting  to  obey  such 
order,  either  as  respects  themselves,  or  their  children,  or  wards,  or  any 
of  the  members  of  their  household  over  whom  they  have  control,  shall, 
upon  conviction  before  any  competent  court,  be  liable  to  a  fine  of  not 
more  than  Fifty  ($50.00)  Dollars ;  provided,  that  it  shall  be  and  is  hereby 
made  the  duty  of  said  board  to  provide  for  the  vaccination  of  all  such 
persons  as  are  unable  to  pay  for  same,  at  the  expense  of  the  city.  (Janu- 
ary 14,  1889.) 

396—  Scholars  to  be  vaccinated. 

Sec.  396.  All  school  boards,  school  teachers,  or  other  persons  having 
control  of,  or  authority  in,  any  school  or  schools,  are  herebv  forbidden  to 
receive  into  or  allow  to  attend  any  school,  public  or  private,  any  pupil 
not  vaccinated  within  the  preceding  five  years,  or  not  having  had  the 
small-pox  or  variloid.    (January  14,  1889.) 

397 —  No  child  to  attend  school  in  certain  cases. 

Sec.  397.  No  child  from  any  family  in  which  a  case  of  scarlet  fever 
or  diphtheria  now  exists,  or  may  hereafter  occur,  shall  attend  any  school 
in  this  city,  unless  convalescence  in  such  case  or  cases  shall  have  been 
thoroughly  established,  and  in  all  cases  the  teacher  shall  require  a  written 
certificate  that  such  is  the  case,  which  certificate  shall  be  given  by  the 
attending  physician  in  such  cases,  and  subscribed  to  by  the  Health  Officer 
of  such  city.    (October  17,  1892.J 

398—  Persons  sick  with  small  pox  to  be  under  control  of  Board  of  Health. 

Sec.  398.  Whenever  the  condition  of  any  person  or  persons  sick 
with  the  small-pox  or  other  dangerous  malignant  or  pestilential,  conta- 
gious, or  infectious  disease  is  such  as  not  to  admit  the  removal  to  the 
city  hospital,  or  if  from  any  other  cause,  said  board  shall  determine  not 
to  remove  any  person  or  persons  so  sick  to  the  city  hospital  or  slmall-pox 
hospital,  then  the  house  or  place  wherein  such  person  or  persons  are  kept 
shall  be  considered  as  a  hospital  and  all  persons  residing  in,  or  in  any  way 


PUBLIC  HEALTH 


137 


concerned  with  same,,  shall  be  under  the  control  and  direction  of  said 
board,  and  access  to  or  egress  from  such  house  or  place  shall  be  subject 
to  such  regulations  as  said  board  may  prescribe.    (January  14,  1889.) 

399—  To  prevent  contagion  and  infection. 

Sec.  399.  Any  person  having*  small-pox,  or  any  dangerous,  malig- 
nant, pestilential,  contagious  or  infectious  disease,  who  shall  willfully  ex- 
pose himself  in  the  public  streets,  public  places,  conveyances,  or  vehicles, 
or  any  driver  or  owner  of  such  conveyance  or  vehicles  who  does  not 
immediately  and  thoroughly  disinfect  the  same  after  conveying  such 
diseased  person,  or  any  person  who  gives  away,  lends,  sells,  transmits, 
conveys  or  exposes  any  clothing,  bedding,  rags,  or  other  things  which 
have  been  exposed  to  contagion  or  infection  shall  be  liable  to  fine.  (Janu- 
ary 14,  1889.) 

400—  Contagious  and  infectious  diseases  to  be  reported  to  the  Board  of  Health. 

Sec.  400.  It  shall  be  and  it  is  hereby  made  the  duty  of  every  physi- 
cian, surgeon,  midwife  or  other  person,  attendant  upon  a  case  of  small- 
pox, epidemic  cholera,  epidemic  dysentery,  diptheria,  scarlet  fever,  typhoid 
fever,  yellow  fever,  puerperal  fever,  measles,  epidemic  erysipelas,  hydro- 
phobia, or  other  dangerous,  contagious,  infectious  or  pestilential  disease, 
and  every  householder,  head  of  a  family,  agent  or  tenant  in  whose  house 
or  family  a  case  of  any  such  disease  occurs,  to  report  every  such  case  to 
the  office  of  said  board,  within  twenty-four  hours  after  first  having  knowl- 
edge of  the  same,  giving  the  number  of  the  house,  the  street,  avenue, 
alley  or  lane  upon  which  it  is  situated,  and  the  name  of  the  occupant 
or  occupants,  with  the  name  and  age  of  the  diseased  person  or  persons, 
if  known.    (June  14,  1889.) 

401  —Health  Officer  to  report  certain  diseases  to  Superintendent  of  Schools. 

Sec.  401.  It  shall  be  and  is  hereby  made  the  duty  of  the  Health 
Officer,  upon  receiving  notice  of  the  existence  of  a  case  of  small-pox, 
epidemic  cholera,  diptheria,  scarlet  fever,  measles,  or  other  dangerous, 
contagious,  infectious,  or  pestilential  disease,  to  report  every  such  case 
to  the  office  of  ihe  superintendent  of  instruction  of  the  public  schools 
immediately  after  having  received  notice  of  the  existence  of  such  disease, 
giving  the  number  of  the  house,  the  street,  avenue,  lane  or  alley  upon 
which  it  is  situated,  and  the  name  of  the  occupant  or  occupants,  with 
the  name  and  age  of  the  diseased  person  or  persons,  if  known.  (January 
T4,  1889.) 


138 


REVISED  ORDINANCES 


402—  Board  of  Health  to  cause  persons  with  small* pox,  etc.,  to  be  confined — Flag 
on  dwelling. 

Sec.  402.  Said  board  shall,  when  it  is  deemed  expedient  to  send 
persons  suffering  with  the  small-pox,  cholera,  yellow  fever,  diptheria,  or 
other  dangerous,  contagious,  infectious  or  pestilential  disease  to  the  city 
hospital  or  small-pox  hospital,  require  all  such  persons  to  be  kept  closely 
confined  within  their  respective  dwellings  or  places  of  abode,  and  shail 
cause  a  yellow  flag  or  suitable  notice  with  the  name  and  character  of  the 
disease  printed  in  large  letters  thereon,  to  be  hung  or  posted  up  in  the 
most  conspicuous  place  on  the  front  of  such  dwelling  or  place  of  abode 
in  which  such  disease  exists,  and1)  it  shall  be  unlawful  for  such  occupants 
thereof,  or  any  person  or  persons,  to  remove  such  flag  or  notice  so  long 
as  said  board  shall  require  the  same  to  remain.    (January  14,  1889.) 

403—  Unlawful  to  attend  certain  funerals — Notice — Proviso. 

Sec.  403.  It  shall  be  unlawful  for  any  person  or  persons  to  attend 
the  funeral  of  any  person  who  shall  have  died  of  small-pox,  epidemic 
cholera,  diptheria,  scarlet  fever,  yellow  fever,  malignant  erysipelas  or 
malignant  typhoid  fever,  and  public  notice  must  be  given  by  the  head  of 
the  family  where  such  person  dies,  of  the  name  of  the  disease,  the  name 
and  contagious  character  of  the  disease  from  which  the  person  died,  to- 
gether with  the  notice  of  private  funeral ;  Provided,  that  the  provisions 
of  this  section  shall  not  apply  to  near  relatives  of  the  deceased  person, 
and  other  adult  persons  not  exceeding  eight  in  number.    (January  14, 

1889.) 

404—  Care  and  disposition  of  corpse  where  death  caused  by  certain  diseases. 

Sec.  404.  When  any  person  shall  have  died  of  small-pox,  epidemic 
cholera,  diptheria,  scarlet  fever,  yellow  fever,  malignant  erysipelas,  malig- 
nant typhoid  fever,  or  other  dangerous,  contagious,  infectious  or  pesti- 
lential disease,  the  corpse  shall  be  buried  within  thirty-six  hours  alter 
death,  and  shall  not  be  removed  by  any  person  or  persons  from  the  build- 
ing where  such  person  shall  have  died,  until  removed  for  burial,  and  shall 
not  be  taken  into  any  church  or  other  building.    (January  14,  1889.) 

405 —  Persons  not  to  enter  buildings  in  certain  cases. 

Sec.  405.  No  Other  person  or  persons  other  than  those  having  written 
permission  from  said  board  or  Health  Officer,  shall  remain  in  or  enter 
or  depart  from  any  house  where  any  person  is  sick  with  the  small-pox, 
epidemic  cholera,  diptheria,  scarlet  fever,  yellow  fever,  or  any  dangerous, 


PUBLIC  HEALTH 


139 


contagious,  infections  or  pestilential  disease,  or  while  the  corpse  of  any 
person  who  shall  have  died  of  such  disease  within  the  house,  or  within 
ten  days  after  such  corpse  shall  have  been  removed,  or  the  person  so  sick 
therewith  has  entirely  recovered  from  such  disease,  and  said  house  or 
building,  the  clothing,  beds,  and  other  household  goods  shall  have  been 
thoroughly  disinfected  or  otherwise  disposed  of  to  the  satisfaction  of  the 
board.    (January  14,  1889.) 

406 —  Visiting  hospitals. 

Sec.  406.  Xo  person,  not  being  an  officer  of  the  small-pox  hospital 
or  an  employe  therein,  or  member  or  employe  of  said  board,  shall  visit 
such  hospital  during  the  time  when  any  case  of  small-pox,  cholera,  yellow 
fever,  diptheria,  scarlet  fever,  or  any  other  contagious,  dangerous,  infec- 
tious, or  pestilential  disease  shall  exist  therein  without  having  first  ob- 
tained a  written  permit  from  the  Health  Officer,  or  the  Committee  on 
Sanitary  Affairs.    (January  14,  1889.) 

407—  Shipping  bodies  without  permit. 

Sec.  407.  Xo  body  of  any  person  or  persons  who  have  died  of  small- 
pox, cholera,  yellow  fever,  diptheria,  scarlet  fever  or  any  other  dangerous, 
contagious,  infectious  or  pestilential  disease,  shall  be  allowed  to-  be 
shipped  or  taken  to  any  other  place  outside  of  the  city  without  a  special 
permit  signed  by  the  Health  Officer,  and  a  majority  of  the  Committee 
on  Sanitary  Affairs.    (January  14,  1889.) 

408 —  Bodies  not  to  be  transported  in  public  conveyances  in  certain  cases. 

Sec.  408.  No  body  of  any  persons  who  may  have  died  of  small-pox, 
scarlet  fever,  diptheria,  or  any  other  dangerous,  contagious,  infectious  or 
pestilential  disease,  shall  be  conveyed  or  removed  in  any  carriage  or  other 
conveyance  used  by  the  public.   (January  14,  1889.) 

409—  Casket  to  be  provided. 

Sec.  409.  In  every  case  when  death  has  occurred  from  $mall~pox, 
diptheria,  cholera  or  scarlet  fever,  it  shall  be  the  duty  of  the  head  of  the 
family,  or  some  member  thereof,  or  other  person  having  the  body  in 
charge,  to  provide  the  undertaker  or  other  person  officiating  as  such,  with 
a  casket  in  which  the  body  is  to  be  placed  for  burial,  within  fifteen 
hours  after  death  has  occurred,  and  cause  the  body  to  be  placed  therein 
within  that  time,  said  casket  to  be  then  tightly  closed  and  not  again 
opened.    (January  14,  1889.) 


140 


REVISED  ORDINANCES 


410—  Penalty. 

Sec.  410.  Any  person  violating  any  provisions,  or  failing  to  comply 
with  any  requirement  of  the  next  preceding  sixteen  sections  of  this  chap- 
ter, shall  upon  conviction,  except  where  a  penalty  is  specially  provided, 
be  fined  in  any  sum  not  more  than  Fifty  ($50.00)- Dollars  and  costs  of 
prosecution.    (January  14,  1889.) 

41 1—  Physicians  and  midwife  shall  report  births  to  the  Board  of  Health. 

Sec.  411.  It  shall  be  the  duty  of  every  physician,  midwife  or  other 
person  who  shall  attend,  assist  or  advise  at  the  birth  of  any  child  within 
the  corporate  limits  of  Canton,  to  report  to  the  Health  Officer  of  the  city 
within  twenty-four  hours  thereafter,  stating  distinctly  the  date  of  the 

birth,  sex,  and  color  of  the  child  or  children  born,  its  or  their  physical 
condition,  whether  still  born  or  not,  and  the  full  name,  nativity  and  resi- 
dence of  the  parents.    (January  16,  1882.) 

412—  Physician  to  report  deaths. 

Sec.  412.  It  shall  be  the  duty  of  every  physician  to  report  within 
twenty-four  hours  to  the  Health  Officer  each  death  that  may  occur  in  his 
practice,  giving  the  cause  of  death,  the  sex,  age  and  color.  (January 
16,  1882.) 

413—  Coroner  to  report  to  Health  Officer  deaths  by  violence. 

Sec.  413.  It  shall  be  the  duty  of  the  Coroner  to  report  to  the  Health 
Officer  all  deaths  by  violence  that  come  under  his  observation  within 
the  city  limits,  giving  sex,  age,  color  and  cause  of  death.  (January  16, 
1882.) 

414—  Penalty. 

Sec.  414.  The  penalty  for  non-compliance  with  Sections  411,  412 
and  413  shall  be  for  the  first  offense  a  fine  of  One  ($1.00)  Dollar  and 
costs;  for  the  second  offense  and  every  subsequent  violation  Five  ($5.00) 
Dollars  and  costs.    (January  16,  1882.) 


CHAPTER  XXX. 


SEWERS  AND  SEWER  COMMISSION. 


Section. 

415.  Three  sewer  districts. 

416.  Sewer  district  No.  1. 

417.  Sewer  district  No.  2. 

418.  Sewer  district  No.  3. 

419.  License  of  sewer  builders. 

420.  Numbering  sewers. 

421.  Control  of  sewers. 

422.  Application  and  permit. 

423.  Record  and  fee  for  permit.  Report. 

424.  Filing  drawings.    Access  to  fixtures.  Re- 
pair of  sewers. 

425.  House  connections.    Quality  of  pipes.  Size 
of  pipes.    Soil  pipe. 

426.  Sewer  connections. 

427.  Openings. 

428.  Danger  signals,  etc. 

429.  .Settling  of  ground. 

430.  House  connections,  etc. 

431.  Connecting  with  sewer. 

432.  Care  of  pipes,  etc. 

433.  Permits  for  water.  Joints. 

434.  Connections,  lead  pipe. 

435.  Exposure  of  pipes,  etc. 

436.  Water  pipes,  etc. 


Section. 

437.  Casing  of  pipes,  etc. 

438.  Ventilation. 

439.  Soil,  waste  and  vent  pipes. 

440.  Ventilation. 

441.  Traps  and  vent  pipes. 

442.  Use  of  sewer. 

443.  Use  of  sewer. 

444.  Strainer. 

445.  Steam.    Cellar  drains. 

446.  Obstruction  and  flues. 

447.  Traps. 

448.  Closets,  etc. 

449.  Cesspools. 

450.  Privy  vaults,  etc. 

451.  Water  closets. 

452.  Waste  pipes  and  traps,  etc. 
453  Engineer  and  Health  Officer. 

454.  Inspection. 

455.  Inspection. 

456.  Penalty. 

457.  House  connections.    Cost  of  same. 

458.  Board  of  Public  Service  to  establish  schedule 
of  prices. 


415—  Three  sewer  districts. 

Section  415.  For  the  purpose  of  draining  the  City  of  Canton  with 
water  and  house  sewerage,  suitable  and  proper  sewers  shall  be  constructed 
from  time  to  time  whenever  deemed  expedient  by  the  Council  and  in 
accordance  with  the  general  plan  adopted  by  the  Commissioners  of  Sewers 
and  approved  by  the  Council  of  the)  City.  And  for  the  purpose  of  taxation 
to  build,  construct  and  maintain  the  same  or  any  part  or  portion  of  it 
the  said  city  shall  be  and  the  same  is  hereby  divided  into  three  several  and 
separate  sewer  districts,  named  and  numbered  respectively  as  follows : 
East  Sewer  District  of  the  City  of  Canton  and  numbered  One ;  The 
Central  Sewer  District  of  the  City  of  Canton  numbered  Three ;  and  the 
West  Sewer  District  of  the  City  of  Canton  numbered  Two.  (September 
17,  1883.) 

416—  Sewer  district  No.  1. 

Sec.  416.  Beginning  at  a  point  where  the  main  sewer  crosses  the 
Wheeling  &  Lake  Erie  Railroad  near  Shriver's  run ;  thence  east  with  said 


142 


REVISED  ORDINANCES 


track  to  Shriver's  Run ;  thence  northward  with  Shriver's  run  to  a  line 
formed  by  the  rear  line  of  lots  fronting  on  the  south  line  of  Charles  Street ; 
thence  eastwardly  along  the  line  formed  by  the  rear  of  lots  fronting  on  the 
south  side  of  Charles  Street,  to  Cherry  Street ;  thence  northward  with 
Cherry  Street  to  Douglass  Street ;  thence  eastward  on  Douglass  Street 
to  a  line  formed  by  the  rear  of  lots  fronting  on  the  east  side  of  Cherry 
Street;  thence  north  along  a  line  formed  by  the  rear  of  lots  fronting  on 
the  east  side  of  Cherry  Street  to  a  line  formed  by  the  rear  of  lots  fronting 
on  the  south  side  of  Mulberry  Street;  thence  eastwardly  along  a  line 
formed  by  the  rear  of  lots  fronting  on  the  south  side  of  Mulberry  Street 
to  Ninth  Street  and  the  line  of  Herbruck  Street  produced ;  thence  north- 
ward with  said  line  and  Herbruck  Street  to  a  line  formed  by  the  rear 
of  lots  fronting  on  the  north  side  of  Second  Street ;  thence  westward 
along  a  line  formed  by  the  rear  of  lots  fronting  on  the  north  side  of 
Second  Street  to  a  line  formed  by  the  rear  of  lots  fronting  on  the  east 
side  of  Cherry  Street ;  thence  northwardly  along  a  line  formed  by  the  rear 
of  lots  fronting  on  the  east  side  of  Cherry  Street  and  the  line  of  said  street 
produced  to  the  north  corporation  line.  The  aforesaid  line,  from  its  begin- 
ning on  Center  Street,  to  the  north  corporation  line,  being  the  west  bound- 
ary line  of  said  Sewer  District  No.  i,  and  said  district  being  all  the  territory 
included  between  said  west  bounday  line  and  the  north  and  east  corporation 
limits.  The  west  boundaries  of  said  Sewer  District  No.  i  shall  constitute 
the  east  boundary  line  of  Sewer  District  No.  3.  (March  16,  1903.) 
417— Sewer  district  No.  2. 

Sec.  417.  The  boundaries  of  Sewer  District  No.  2  shall  be  as  follows: 
Commencing  for  the  same  at  the  intersection  of  the  west  line  of  Lot  Six 
Thousand  Two  Hundred  and  Two  (6202)  with  the  north  corporation 
line  ;  thence  south  along  the  west  line  of  Lot  Six  Thousand  Two  Hundred 
and  Two  (6202)  and  out  lot  Two  Hundred  and  Forty-One  (24.1  to  the 
south  line  of  out  lot  Two  Hundred  and  Fortv-One  (24.1):  thence  east 
along  the  south  line  of  lot  Two  Hundred  and  Forty-One  (241)  to  Shorb 
Street;  thenee  smith  along  Shorb  Street  to  Chance  Avenue;  thence  east 
along  Chance  Avenue  to  the  intersection  of  the  west  line  of  Lot  Thirty 
Nine  Hundred  and  Seventy-Two  (3972)  extended;  thenee  southwest- 
wardly  along  the  west  lines  of  Lots  3972,  3973,  3974,  3975.  397"  and 
3977,  fronting  on  Cleveland  Avenue  to  the  first  alley  south  of  Chance 


143 


SEWERS  AND  SEWER  COMMISSION 


Avenue ;  thence  south  through  Lots  3966  and  3965  to  the  east  line  of  Lot 
3967 ;  thence  southward  on  the  lines  of  Lots  3967  and  3939  to  Oby  Alley ; 
thence  east  along  Oby  Alley  to  the  first  alley  east  of  Worley  Avenue ; 
thence  along  said  alley  to  Lake  Street ;  thence  west  on  Lake  Street  to  the 
west  line  of  Lot  2862;  thence  south  along  the  west  lines  of  Lots  2862, 
2863,  2906,  2907  and  2908  to  Franklin  Street ;  thence  east  on  Franklin 
Street  to  the  west  line  of  Lot  6077  extended ;  thence  southwestwardly 
along  the  west  line  of  lot  6077  to  Summit  Street ;  thence  southwardly 
along  the  west  lines  of  Lots  1541,  1540,  1537,  1536,  1847,  ^48  and  1849; 
thence  westwardly  along  the  north  lines  of  lots  fronting  on  the  north 
side  of  Feather  Street  to  Harriet  Street ;  thence  southwardly  along  the 
west  lines  of  lots  fronting  on  the  west  side  of  Harriet  Street  to  Linden 
Avenue ;  thence  westward  with  Linden  Avenue  to  the  west  line  of  Lot 
4427 ;  thence  southwardly  along  the  west  lines  of  lots  fronting  on  the 
west  side  of  Newton  Street  to  Fifth  Street ;  thence  eastward  to  Newton 
Street ;  thence  south  along  Newton  Street  to  Tuscarawas  Street ;  thenct 
eastward  on  Tuscarawas  Street  to  the  intersection  of  the  line  between 
Lots  1617  and  1618  extended;  thence  southwardly  to  the  south  lines  of 
lots  fronting  on  the  south  side  of  Tuscarawas  Street;  thence  eastwardly 
along  the  south  lines  of  lots  fronting  on  the  south  side  of  Tuscarawas 
Street  to  the  alley  on  the  west  side  of  out  lot  101  ;  thence  south  on  said 
alley  to  Ninth  Street ;  thence  east  on  Ninth  Street  to  Marion  Street ; 
thence  south  on  Marion  Street  to  the  south  line  of  Lot  31 12  extended; 
thence  eastwardly  with  the  rear  lines  of  lots  fronting  on  the  south  side 
of  South  Street  to  the  west  lines  of  lots  fronting  on  the  west  side  of  Mc- 
Kinley Avenue ;  thence  southwardly  along  the  rear  lines  of  lots  fronting 
on  the  west  side  of  McKinley  Avenue  to  the  south  line  of  Lot  677 ;  thence 
east  on  said  south  line  and  the  south  lines  of  Lots  478  and  487  to  the 
center  of  Cleveland  Avenue ;  thence  south  along  the  center  line  of  Cleve- 
land Avenue  to  the  east  line  of  out  lot  68  to  the  third  alley  south  of  Fair- 
field Street;  thence  westward  parallel  with  Fairfield  Street  to  a  point 
distant  150  feet  east  from  the  east  line  of  Henry  Avenue;  thence  north- 
ward parallel  with  the  said  Henry  Avenue  until  said  line  intersects  with 
the  center  line  of  Thomas  Street  extended ;  thence  westward  with  said 
extended  line  and  the  center  line  of  Thomas  Street  to  the  center  line  of 
Harrison  Avenue  and  the  west   corporation  line ;   thence  northwardly 


144 


REVISED  ORDINANCES 


with  the  center  line  of  said  street  and  the  corporation  line  to  the  north 
corporation  line  ;  thence  eastward  with  the  north  corporation  line  to  the 
place  of  beginning.    (April  4,  1904.) 
418— Sewer  district  No.  3. 

Sec.  418.    Beginning  at  a  point  where  the  main  sewer  crosses  the 
Wheeling  and  Lake  Erie  Railroad  near  Shriver's  Run ;  thence  east  with 
said  track  to  Shriver's  Run ;  thence  northward  with  Shriver's  run  to 
Charles  Street ;  thence  eastwardly  with  Charles  Street,  and  including  lots 
fronting  on  the  south  side  of  same  to  Cherry  Street,  thence  northward 
with  Cherry  Street  to  Douglass  Street ;  thence  northward  with  Cherry 
Street  and  including  lots  fronting  on  the  east  side  of  same  to  Mulberry 
Street;  thence  eastward  with  Mulberry  Street  and  including  lots  fronting 
on  south  side  of  same  to  Ninth  Street  and  the  line  of  Herbruck  Street 
produced ;  thence  northward  with  said  line  and  Herbruck  Street  to  Second 
Street ;  thence  westward  with  Second  Street  and  including  lots  fronting 
on  the  north  side  of  same  to  Cherry  Street ;  thence  northward  with  Cherry 
Street  and  the  line  of  said  street  produced,  including  lots  fronting  on  east 
side  of  same  to  the  north  corporation  line ;  thence  westward  with  said 
corporation  line  to  Cleveland  Avenue ;  thence  southward  with  said  Cleve- 
land Avenue  including  lots  fronting  on  west  side  of  same  to  Lake  Street ; 
thence  westward  with  Lake  Street  including  lots  fronting  on  north  side 
of  same  to  McKinley  Avenue,  including  lots  fronting  on  the  west  side  of 
same  to  Feather  Street ;  thence  westward  with  Feather  Street  including 
lots  fronting  on  the  north  side  of  same  to  Harriet  Street ;  thence  south  on 
Harriet  Street  including  lots  fronting  on  the  west  side  of  same  to  Linden 
Avenue ;  thence  westward  with  Linden  Avenue  to  Newton  Street ;  thence 
southward  with  Newton  Street,  including  lots  fronting  on  west  side  of 
same    to    Fifth   Street ;    thence    eastward    on    Fifth    Street,  including 
lots    fronting    on    the    south    side    of    same    to    the    line  between 
Lots    Nos.    1 61 7    and     [618;    thence    southward    witli    said    line  to 
Tuscarawas  Street ;  thence  eastward  with  Tuscarawas  Street  including 
the  lots  fronting  on  the  south  side  of  Tuscarawas  Street  to  the  allev 
on  the  west  sile  of    Out  Lot  101;  thence  southward  with  said  alley,  to 
Kighth  Street;  thence  eastward  with  Eighth  Street  including  lots  fronting 
on  the  south  side  of  same  to  Marion  Street ;  thence  southward  with 
Marion  Street  to  Tenth  Street;  thence  eastward  with  Tenth  Street  in- 


SEWERS  AND  SEWER  COMMISSION 


145 


eluding  lots  fronting  on  the  south  side  of  same  to  High  Street ;  thence 
south  on  High  Street  including  lots  fronting  on  the  west  side  of  same  to 
South  Street ;  thence  eastward  on  South  Street  including  lots  fronting 
on  the  south  side  of  same  to  McKinley  Avenue ;  thence  southward  on 
McKinley  Avenue  including  lots  fronting  on  west  side  of  same  to  the 
alley  on  the  east  side  of  Out  Lot  No.  68;  thence  southwardly  with  said  alley 
to  Cleveland  Avenue ;  thence  southward  with  Cleveland  Avenue  including 
lots  fronting  on  the  west  side  of  same  to  a  point  intersecting  the  third 
alley  south  of  Fairfield  Avenue ;  thence  eastward  with  said  alley  to 
Graham  Avenue  including  lots  fronting  on  the  south  side  of  same  to 
Allen  Street,  and  the  Wheeling  &  Lake  Erie  Railroad  ;  thence  eastwardly 
with  said  Wheeling  &  Lake  Erie  Railroad  to  the  place  of  beginning. 
(March  16,  1903.) 
419— License  of  sewer  builder. 

Sec.  419.  No  person  shall  be  authorized  or  permitted  to  do  the 
work  of  making  connections  with  any  of  the  public  sewers  or  drains  or 
their  lateral  connections,  until  he  shall  have  first  registered  his  name  and 
place  of  business  in  the  office  of  the  City  Civil  Engineer,  and  have  re- 
ceived a  license  from  the  Mayor.  In  case  of  any  change  of  his  place  of 
business,  or  his  business  connection,  notice  of  the  same  shall  be  immedi- 
ately given  to  the  City  Civil  Engineer.  No  person  shall  be  licensed  to 
do  any  of  the  aforesaid  work  until  he  has  furnished  the  Mayor  with  a 
satisfactory  certificate,  signed  by  at  least  two  reputable  sewer  builders, 
if  he  be  a  sewer  builder ;  or  two  reputable  plumbers  if  he  be  a  plumber ; 
to  the  effect  that  the  applicant  is  a  person  regularly  educated  to  the  busi- 
ness and  qualified  for  the  duties  which  he  undertakes ;  and  previous  to 
being  so  authorized  or  licensed  by  the  said  Mayor,  he  shall  file  a  bond 
with  the  Mayor  in  the  sum  of  Fifteen  Hundred  ($1500.00)  Dollars  with 
two  or  more  sureties,  to  the  approval  of  the  Mayor,  conditioned  that  he 
will  indemnify  and  save  harmless  the  City  of  Canton  from  all  loss  or 
damage  that  may  be  occasioned  in  any  wise  by  accident,  or  the  want  of 
care  or  skill  on  his  part  in  the  prosecution  of  such  work,  or  that  may  be 
occasioned  by  reason  of  any  opening  by  him  made,  or  caused  to  be  made 
in  any  street,  lane,  alley,  avenue,  market  space  or  common,  in  the  making 
of  any  connection  with  any  public  or  private  sewer,  and  conditioned  also 
that  he  will  promptly  at  the  proper  time  replace  and  restore  the  street, 


146 


REVISED  ORDINANCES 


lane,  alley,  avenue,  market  space  or  common,  as  the  case  may  be,  over 
such  opening,  to  as  good  a  state  and  condition  as  he  found  it  previous  to 
opening  the  same,  and  that  he  will  conform  in  all  respects  to  the  rules 
and  regulations  which  may  be  from  time  to  time  established  by  the 
Board  of  Sewer  Commissioners  or  City  Council,  in  relation  to  the  con- 
struction, repair  or  regulation  of  any  of  the  public  sewers  or  drains. 
(December  16,  1889.) 

420—  Numbering  Sewers. 

Sec.  420.  All  sewers  shall  be  designated  by  consecutive  numbers 
in  the  order  of  the  date  of  the  passage  of  the  ordinance  providing  for 
their  construction.    (December  16,  1889.) 

421—  Control  of  Sewers. 

Sec.  421.  Whenever  the  word  "street"  is  used  singly,  it  shall  be 
understood  to  embrace  streets,  lanes,  alleys  and  other  public  grounds,  the 
same  as  though  named  in  each  case.  All  sewers  and  drains  of  every  kind 
within  the  line  of  any  street,  lane,  alley  or  other  public  grounds  or  right 
of  way  shall  be  under  the  control  of  the  City  Civil  Engineer.  (December 
1 6,  1889.) 

422 —  Application  and  permits. 

Sec.  422.  Every  plumber  and  sewer  builder  before  doing  any  work 
connected  with  any  sewer,  shall  file  with  the  Engineer  a  notice  and 
drawing  of  the  work  to  be  performed,  and  no  such  work  shall  be  done 
without  the  approval  of  the  Engineer,  or  one  of  his  assistants.  Applica- 
tion for  permits  shall  be  made,  in  each  special  case,  to  the  Engineer  by 
the  owner,  agent,  or  person  in  whose  interest  the  work  is  to'  be  done,  and 
he  shall  issue  a  permit  to  the  plumber  or  sewer  builder  in  the  name  of 
the  owner  or  person  in  whose  interest  the  work  is  to  be  done  before  the 
work  is  commenced,  and  in  no  case  shall  such  work  be  prosecuted  unless 
such  permit  is  on  the  ground  and  in  the  possession  of  the  person  doing 
the  work.  Each  permit  shall  designate  the  street  and  number  of  the 
house  and  lot,  and  shall  include  such  definite  description  of  the  premises 
as  to  clearly  define  the  location  of  the  same  on  the  map.  Applications  so 
filed  shall  be  approved  or  rejected  without  unreasonable  delay.  After  a 
plan  has  been  approved  no  alteration  of  the  same  will  be  allowed  except 
on  a  written  application  of  the  owner.    (December  16,  1889.) 


SEWERS  AND  SEWER  COMMISSION  147 

423—  Record  and  fee  for  permits— Reports. 

Sec.  423.  The  Engineer  shall  keep  a  daily  record  of  permits  applied 
for  and  allowed  or  rejected  as  well  as  all  violations  of  this  ordinance.  A 
fee  of  Two  Dollars  ($2.00)  must  be  paid  as  a  permit  fee  for  each  connec- 
tion to  the  sewer,  which  money  shall  be  paid  into  the  sewer  fund.  Each 
plumber  or  sewer  builder  will  be  held  responsible  for  any  injuries  he  may 
cause  to  any  main  or  lateral  sewer.  The  engineer  shall  on  the  first 
Monday  of  April,  1899,  and  at  the  end  of  each  three  months  thereafter, 
report  to  the  City  Council  all  sewer  permits  that  are  issued  and  paid 
fojr,  and  shall,  at  the  same  time,  turn  over  to  the  City  Treasurer,  to  be 
placed  to  the  credit  of  the  sewer  fund  the  amount  he  shall  have  received 
for  such  permit.    (June  18,  1906.) 

424—  Filing  drawings— Access  to  fixtures— Repairs  of  sewers. 

Sec.  424.  Drawings  and  descriptions  of  the  plumbing  and  drainage 
of  buildings  done  prior  to  the  passage  of  this  ordinance  may  be  placed 
on  file  with  the  Engineer.  The  latter  may,  at  his  discretion  require  such 
plans  to  be  so  filed.  The  City  Civil  Engineer  and  Health  Officer  shall, 
at  proper  times,  have  access  to  all  plumbing  fixtures  connected  with  the 
sewer.  In  'all  cases  where  private  sewers  have  been  constructed,  the 
owners  or  occupants  of  the  premises  shall,  at  their  own  expense,  maintain 
and  keep  such  sewers  in  good  working  order  and  repair.  (December 
16,  1889.) 

425 —  House  connections— Quality  of  pipes — Size  of  pipes. 

Sec.  425.  All  house  connections  shall  be  of  the  uniform  size  of  four 
inches  in  internal  diameter.  All  sewer  pipes  except  those  which  enter 
buildings,  shall 'be  of  the  bes':  quality  of  vitrified  socket  pipe,  of  the  kind 
or  kinds  acceptable  to  the  Engineer  or  his  assistants.  Where  soil  pipes 
enter  a  building  under  the  foundation  thereof,  the  Engineer  or  his 
assistants  may  require  the  pipe  to  be  of  cast  iron.  At  such  place  the  wall 
shall  leave  two  inches  clear  s.pace  over  the  top  of  the  pipe,  or  it  shall  be 
arched  so  as  to  prevent  injury  to  the  pipe  by  settling.  The  ventilating 
pipe  shall  also  be  of  cast  iron,  and  of  same  bore  as  soil  pipe  to  the  top  of 
the  same.  All  iron  pipes  used  in  the  construction  of  drains  or  house 
connections  shall  be  coated  inside  and  outside  with  coal  tar  applied  hot, 
or  other  rustless  material  acceptable  to  the  Engineer,  and  the  joints 
thereof  shall  be  made  with  gaskets  of  okum,  thoroughly  caulked  in  with 


148 


REVISED  ORDINANCES 


hot  lead  at  one  pouring,  so  as  to  render  them  impermeable  to  gasses ; 
but  wrought  iron  pipe  may  also  be  used  with  thread  and  screw  joints. 
The  nearly  horizontal  portion  'of  iron  soil  pipe  used  under  ground  shall 
in  no  case  weigh  less  than 

For  4-inch  pipe  13  pounds  per  lineal  foot. 

For  3-inch  pipe  91-2  pounds  per  lineal  foot. 

For  2-inch  pipe  5  1-2  pounds  per  lineal  foot. 
Waste  pipes  or  lateral  drains  from  bath  tubs,  basins  or  other  fixtures 
(with  the  exception  of  water  closets),  may  be  of  2  inch  'diameter  pipe. 
When  it  is  practicable,  the  soil  pipe  must  run  on  a  cellar  or  other  wall 
and  be  securely  fastened  thereto.  When  it  is  impracticable,  the  soil  pipe 
may  be  laid  in  a  trench  beneath  the  cellar  floor;  and  in  that 'case  may  be 
of  iron  or,  except  under  walls  or  other  heavy  pressure,  of  'sewer  pipe. 
If  of  sewec  pipe,  the  latter  must  be  of  perfect  quality,  the  joints  must 
be  made  of  Portland  Cement,  iron  filings  and  sand  thoroughly  mixed 
with  a  weak  sal-amoniac  solution.  Whether  of  iron  or  stoneware,  said 
pipes  must  be  shown  to  the  Engineer  or  one  of  his  assistants,  in  open 
trench  filled  with  water,  and  subject  to  his  approval  or  rejection.  Said 
soil  pipe  placed  in  the  ground,  shall  be  supplied  with  an  accessible  clean- 
out  either  inside  or  on  outside  of  the  walls  of  the  building.  (December 
16,  1889.) 

426—  Sewer  connections. 

Sec.  426.  All  connections  with  the  main  or  branch  sewers  shall  be 
made  at  the  regular  connections  or  junctions  built  in  the  same,  except 
by  special  permit  from  the  City  Civil  Engineer,  who  shall  give  such  in- 
formation as  the  city  may  possess  relative  to  the  location  of  such  junc- 
tion, depth  of  sewer,  etc.,  on  application,  and  all  reasonable  care  'will 
be  taken  to  insure  the  correctness  of  such  information ;  but  the  city 
shall  not  be  liable  for  any  errors  arising  therefrom.    (Decernber  16,  1880.) 

427—  Openings. 

Sec.  427.  All  openings  made  within  the  street  lines  for  the  purpose  of 
laying  any  such  sewers,  except  under  tracks  of  street  or  other  railways,  shall 
be  in  open  trench.  All  material  for  flagging,  curb  or  ballasting,  to  be 
carefully  removed  and  preserved,  and  after  the  connection  is  properly 
made,  the  trench  shall  be  refilled  and  puddled,  (in  puddling,  the  earth 
must  be  put  in  in  layers  no  more  than  one  foot  in  depth,  and  each  such 


SEWERS  AND  SEWER  COMMISSION 


149 


layer  shall  be  thoroughly  puddled  or  rammed  before  another  layer  is  put 
in),  and  the  paving  and  other  material  that  had  been  removed  shall  be 
properly  replaced  by  the  sewer  builder,  and  if  not  replaced  within  three 
days  after  the  same  has  been  removed,  then  the  sa'me  shall  be  replaced 
by  the  city  at  his  expense.  The  course  of  drain  pipes  shall  be  laid  not 
nearer  than  eiehteen  inches  to  any  water  pipe,  at  crossings  the  fatter  shall 
be  protected  from  corrosion  by  a  cement  covering.  All  sewers  and 
drains  beyond  street  lines,  may  be  laid  in  onen  trench,  or  in  trench  and 
tunnel,  as  mav  be  directed,  but  in  the  latter  case  no  tunnel  shall  enclose 
more  than  two  joints  of  pipe.    (December  16,  1880.) 

428—  Danger  signals,  etc. 

Sec.  428.  When  the  sides  of  the  trench  will  not  sland  vertical,  sheet- 
ing and  braces  shall  be  used  to  prevent  unnecessary  caving.  The  sewer 
builder  must  erect  proper  safeguards  and  maintain  danger  signals  where- 
ever  and  whenever  necessary.  He  will  be  liable  for  all  , damage  to  per- 
sons or  property  caused  by  his  acts  or  neglect.  All  water  pipes  shall  be 
protected  from  injury  to  the  satisfaction  of  the  Water  Works  Superin- 
tendent, and  gas  pipe  to  the  satisfaction  of  the  City  Engineer.  (December 
16,  1889.) 

429—  Settling  of  ground. 

Sec.  429.  The  sewer  builder  will  also  be  held  responsible  for  any 
subsequent  settlement  of  the  ground  and  pavement,  and  must,  on  notifi- 
cation make)  the  same  as  good  as  before  he  began  his  .work.  (Decem- 
ber 16,  1889.) 

430—  House  connections,  etc. 

Sec.  430.  All  house  connections  shall  be  made  straight,  or  in  as 
direct  line  as  possible  to  the  "Y"  branches  in  the  sewers  into  which  the 
premises  are  drained,  and  shall  be  at  least  four  feet  below  the  surface  of 
the  ground.  All  pipes  shall  be  laid  to  a  proper  grade  of  not  less  than 
one-half  inch  to  every  two  feet,  where  practicable,  by  use  of  the  spirit 
level.  The  joints  shall  be  made  with  oakum  gaskets  well  caulked  in, 
and  finished  with  best  hydraulic  cement,  and  clean  sand  placed  in  and 
around  each  joint,  so  that  the  same  shall  be  water  tight.  Curved  pipe 
shall  be  used  at  all  angles  in  the  house  connections  greater  than  three 
inches  in  deviation  from  a  straight  line  in  the  length  of  one  joint  of  pipe. 
(December  16,  i88q.) 


150 


REVISED  ORDINANCES 


431—  Connecting  with  sewer. 

Sec.  431.  Whenever  it  is  necessary  to  make  a  connection  with  any 
main  or  lateral  sewer  where  no,  "Y"  has  been  placed,  the  junction  pipe  will 
be  furnished  by  the  sewer  builder  and  the  same  will  be  inserted  under  the 
supervision  of  City  Civil  Engineer  pr  one  of  his  assistants.  No  sewer 
builder  shall  cut  or  break  into  the  sewer  unless  the  City  Civil  Engineer 
or  one  of  his  assistants  be  upon  the  ground  and  give  his  approval  of 
the  method  employed.    (December  16,  1889.) 

432—  Care  of  pipes,  etc. 

Sec.  432.  All  "Y"  branches  or  junctions  not  intended, for  immediate 
use  shall  have  their  ends  closed  water  tight  with  brick  or  stone  and 
cement.  Care  should  be  taken  that  the  interior  of  the  pipes  are  free  from 
rough  mortar,  and  that  the  whole  house  connection  and  sewer  be  left 
clean  and  in  good  condition.    (December  16,  1889.) 

433—  Permits  for  water  joints. 

iSec.  433.  vSewer  builders  shall  in  no  case  use  water  frolm  street 
hydrants  without  permit  from  the  Superintendent  of  the  Water  Works. 
All  joints  in  waste  pipes,  except  where  screw  joints  are  used,  must  be 
made  like  those  in  soil  and  drain  .pipes,  with  oakum  gaskets  and  lead  or 
cement,  well  calked  so  as  to  render  them  water  and  gfas  tigrht.  (Decem- 
ber 16,  1889.) 

434—  Connections,  lead  pipe. 

Sec.  434.  All  connections  of  lead  with  iron  pipes  must  be  made 
with  brass  sleeve  or  ferule  of  the,  same  size  as  the  lead  pipe,  the  sleeve  to 
be  put  into  the  hub  of  the  iron,pipe  and  thoroughly  caulked  with  lead, 
and  the  lead  pipe  to  be  attached  to  the  sleeve  or  ferule  by  a  wiped  lead 
joint. 

All  connections  of  lead  pipe  must  be  by  wiped  joints.  Putty  joints 
will  not  be  permitted.    (December  16,  1889.) 

435—  Exposure  of  pipes,  etc. 

Sec  435.  The  drain  soil  and  waste  pipes,  and  the  traps,  must,  if 
practicable,  be  exposed  to  view  for  ready  inspection  at  all  times,  and 
for  convenience  in  repairing.  When  necessarily  placed  within  partitions 
or  recesses  in  the  wall,  soil  and  waste  pipes  must  be  covered  with  wood 
work  so  fastened  with  screws  as  to  be  readily  removed.  In  no  case  shall 
they  be  absolutely  inaccessible.    (December  16,  1889.), 


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151 


436—  Water  pipes,  etc. 

Sec.  436.  Absolutely  horizontal  waste  pipes  shall  be  prohibited. 
Drips  or  overflow  pipes  from  safes  under  water  closets  and /Other  fixtures, 
or  from  tanks  or  cisterns,  shall  be  run  to  some  place  in  open  sight,  and  in 
no  case  shall  any  such  pipes  be  connected  directly  with  a  drain,  waste  or 
soil  pipe.  Waste  pipes,  from  refrigerators,  or  other  receptacles  in  which 
provisions  are  stored,  shall. not  be  connected  with  a  drain  soil  pipe,  or 
other  waste  pipe,  unless  such  waste  pipes  are  provided  with  traps  suitably 
ventilated,  and  in  every  case  there  shall  be  an  open  tray  between  the 
trap  and  the  refrigerator.    (December  16,  1889.) 

437—  Casing  of  pipes. 

Sec.  437.  All  pipes  exposed  to  frost  should  be  packed  with  mineral 
wool  or  other  substance  equally  good,  and  they  shall  be  cased  to  the 
satisfaction  of  the  Engineer.    (December  16,  1889.) 

438—  Ventilation. 

Sec.  438.  When  the  soil  pipe  enters  a  building,  a  ventilating  pipe 
shall  enter  said  soil  pipe,  and  ,  shall  pass  in  undiminished  bore,  up  the  wall, 
inside  of  the  same  extending  at  least  two  feet  above  the  roof  or  top  of  the 
highest  window.    (December  16,  1889.) 

439 —  Soil,  waste  and  vent  pipes. 

Sec.  439.  Soil,  waste  or  vent  pipes  in  an  extension  must  be  extended 
above  the  roof  of  the  main  building,  when  otherwise  they  would  open 
within  twenty  feet  of  the  windows  of  the  main  house  or  the  adjoining 
house.  It  must  not  open  below  a  window  or  air  shaft  which  ventilates 
living  rooms,  nor  nearer  to  same  in  any  direction  than  eight  feet.  (De- 
cember 16,  1889.)  w 

440—  Ventilation. 

,Sec.  440.  No  trap  or  any  manner  of  obstruction  to  the  complete 
and  perfectly  free  flow  of  air  throughout  the  entire  course  of  the  drain 
or  house  connection  will  be  permitted.  Every  room  having  a  water 
closet,  urinal,  bath  tub  or  any  drainage  connected  with  the  sewer  must 
have  a  window  or  shaft  of  an  area  of  at  least  two  square  feet  communi- 
cating directly  with  the  outer  air.    (December  16,  1889.) 

441—  Traps  and  vent  pipes. 

Sec.  441.  Every  water  closet  trap  must  be  separately  ventilated  and 
protected  from  syphonage  by, a  special  vent  pipe  not  less  than  two  inches 


152 


REVISED  ORDINANCES 


in  diameter.  If  traps  for  above  fixtures  are  vented  the  pipes  used  must 
have  diameters  of  not  less  than  I  1-4  inches.  If  the  pipes  exceed  fifteen 
feet  in  length  they  shall  be  1  1-2  inches  in  diameter.  These  vents  or  air 
pipes  shall  extend  at  least  two  feet  above  the  roof.  If  they  are  branched 
into  the  soil  pipe,  it  must  be  above  the  inlet  pipe  of  the  highest  fixture. 
They  may  be  continuous  by  branching  those  which  serve  several  traps, 
provided  they  are  branched  into  a  vent  pipe  not  less  than  2  inches  in 
interior  diameter.  These  vents  or  air  pipes  must  always  have  a  continu- 
ous slope  to  avoid  collecting  water  by  condensation.  No  trap,  vent  pipe 
shall  be  used  as  a  waste  or  soil  pipe.    (December  16,  1889.) 

442 —  Use  of  sewers. 

Sec.  442.  No  butcher's  offal  or  garbage,  dead  animal,  wood,  stone, 
straw,  rags,  or  other  articles  of  obstructions  of  any  kind  whatever  of  a 
tougher  or  harder  texture  than  newspaper  or  closet  paper  shall  be  placed, 
thrown  or  deposited  in  any  catch  basin,  sewer,  ditch  or  drain  in  the  cit}7, 
and  any  person  so  offending  or  causing  any  such  obstruction  to  be  placed 
so  as  to  be  carried  into  such  sewer  or  basin,  shall  be  subject  to  the 
penalty  hereinafter  prescribed  for  such  an  offense ;  also  any  person  break- 
ing, injuring  or  removing  any  portion  of  any  catch  basin,  manhole  cover 
or  any  part  of  any  sewer  or  appurtenances  thereto  or  obstructing  in  any 
manner  the  inlet  or  outlet  of  any  sewer  or  drain.    (December  16,  1889.) 

443—  Use  of  sewer. 

Sec.  443.  Elevator  waste  water,  roof  water,  overflows  from  cisterns, 
etc.,  shall  not  be  connected  with  the  sewers.  The  waste  water  which 
shall  enter  the  sewers  shall  comprise  only 

1.  Waste  water  from  kitchen  sinks. 

2.  Waste  water  from  water  closets. 

3.  Waste  water  from  wash  stands  and  bath  tubs. 

4.  Waste  water  from  urinals. 

5.  Waste  water  from  slop  hoppers. 

6.  Such  waste  water  from  the  factories,  laundries,  restaurants  or 
other  buildings  as  the  Engineer  may  consider  admissable  without  detri- 
ment to  the  sewer.    (December  16,  1889.) 

444—  Strainers. 

Sec.  444.  All  exits  from  kitchen  sinks,  wash  stands,  slop  hoppers, 
urinals,  and  other  receptacles,  except  water  closets,  shall  be  provided 


SEWERS  AND  SEWER  COMMISSION 


153 


with  strong  and  permanently  attached  metal  strainers  except  in  case  of 
urinals  and  wash  bowls  already  provided  with  good  earthern  ware  strain- 
ers.   (December  16,  1889.) 

445—  Steam— Cellar  drains. 

Sec.  445.  No  steam  exhaust  nor  blow-off  pipe  from  a  steam  boiler 
will  be  allowed  to  connect  with  any  soil  or  waste  pipe,  or  directly  with 
the  house  drain.  They  should  discharge  into  a  tank  or  condenser,  the 
waste  from  which  after  being  condensed  and  suitably  trapped  may  enter 
the  sewer.  Subsoil  drains  from  cellars  may  be  connected  with  the  sewer, 
but  the  connection  must  be  made  with  the  approval  and  under  the  per- 
sonal supervision  of  the  City  Civil  Engineer  or  one  of  his  assistants.  Every 
such  connection  must  be  provided  with  a  trap,  also  with  a  good  metal 
strainer  with  perforation  not  more  than  1-4  of  an  inch  in  diameter,  and 
exposed  to  plain  view.    (December  16th,  1889.) 

446—  Obstruction— Flues. 

Sec.  446.  No  trap  nor  any  manner  of  obstruction  to  the  complete 
and  perfectly  free  flow  of  air  throughout  the  entire  course  of  the  drain 
or  soil  pipe  will  be  permitted.  No  brick,  sheet  metal,  or  earthen  ware 
flue  shall  be  used  as  a  main  soil  pipe  ventilator,  nor  shall  any  chimney 
flue  be  used  for  this  purpose.    (December  16,  1889.) 

447—  Traps. 

Sec.  447.  Every  wash  basin,  bath  tub,  sink,  urinal,  water  closet  or 
other  fixture  connected  with  the  sewer  pipe  of  any  building  shall  be  separ- 
ately trapped  as  close  to  the  fixtures  as  possible,  except  in  the  case  of 
syphon  water  closets.  Water,  ceiling  traps  of  any  pattern  may  be  used 
when  separate  air  pipe  connections  from  the  top  of  the  same  are  pro- 
vided ;  where  separate  air  pipe  connections  are  not  provided,  traps  which 
will  not  unseal  must  be  used.  Overflow  pipes  from  fixtures  must  im  each 
case  be  connected  on  the  inlet  side  of  the  trap.  The  sediment  pipe  from 
kitchen  boiler,  if  there  is  any,  must  be  connected  on  the  inlet  side  of  the 
sink  trap.    (December  16,  1889.) 

448—  Closets,  etc. 

Sec.  448.  All  closets,  basins,  and  urinals  shall  be  provided  with  a 
sufficient  supply  of  water  to  insure  the  cleaning  of  the  same  after  each  time 
of  use ;  and  in  no  case  shall  any  such  closet,  basin  or  urinal  be  used  longer 
than  one  hour  without  such  water  supply,  if  from  any  cause  tne  same  be 


154 


REVISED  ORDINANCES 


cut  off,  unless  water  is  supplied  from  other  sources.  Ball  cock  valves- of 
cisterns  must  be  so  fitted  and  adjusted  as  to  prevent  wasting  of  water. 
(December  16,  1889.) 

449—  Cess  pools. 

Sec.  449.  No  sewer  or  kitchen  drain  from  any  building  or  premises 
shall  discharge  into  any  cess  pool,  vault  or  other  like  receptacle  where 
such  building  or  premises  abut  on  street  provided  with  proper  sewer 
accommodations  with  which  the  same  can  be  connected ;  and  if  at  any 
future  time  such  premises  are  provided  with  the  said  sewerage  accom- 
modations within  sixty  days  thereafter,  the  further  use  of  such  cess  pool 
vault  or  other  receptacles  for  the  disposal  of  sewage  shall  be  discontinued 
and  the  proper  connections  made  with  the  main  or  lateral  sewer.  And 
the  said  cess  pool,  vault  or  other  receptable  shall  be  cleaned  out  and  rilled 
up  under  the  direction  of  the  Health  Officer.    (December  16,  1889.) 

450—  Privy  vaults,  etc. 

Sec.  450.  When  a  privy  vault  or  cess  pool  must  necessarily  be 
used,  it  shall  be  absolutely  water  tight ;  shall  be  at  least  ten  feet  from 
any  well  or  cistern  of  which  the  water  is  used  for  household  purposes, 
and  must  not  be  allowed  to  fill  within  four  feet  of  the  top.  Whoever 
violates  any  provision  of  this  section  shall  be  fined  for  the  first  offense 
not  less  than  Fifty  nor  more  than  One  Hundred  Dollars ;  and  for  the 
second  offense  not  less  than  One  Hundred  nor  more  than  Two  Hundred 
Dollars.  (December  16.  1889.) 
451  —Water  closets. 

Sec.  451.    Water  closets  may  be  of  any  approved  pattern,  except 
pan  closets,  which  are  prohibited.    (December  16,  1889.) 
452— Waste  pipes  and  traps,  etc. 

Sec.  452.  No  waste  pipe  from  any  kitchen,  sink,  urinal,  closets  or 
other  fixture  shall  discharge  into  the  soil  beneath  any  floor  or  building. 
No  privy  vaults  or  cesspools  shall  be  connected  with  private  or  public 
sewers.  No  privies  or  cess  pools  shall  be  allowed  in  the  basement  of  any 
cellar.  All  private  sewers  connecting  with  packing  or  butcher  shops, 
laundries,  hotels,  eating  houses,  restaurants,  or  other  public  cooking 
establishments,  shall  be  provided  with  grease  traps  of  such  design  as  the 
Engineer  may  approve.    (December  16,  1889.) 


SEWERS  AND  SEWER  COMMISSION 


155 


453—  Engineer  and  Health  Officer. 

Sec.  453.  All  sewers,  drains,  urinals,  sewer  gas  and  waste  traps  and 
pipes,  and  everything'  pertaining  to  house  drainage  beyond  the  lines  of 
any  street,  lane,  alley,  or  other  public  grounds  shall  be  accessible  to  the 
City  Civil  Engineer,  his  assistants  and  the  Health  Officer,  and  shall,  except 
where  otherwise  provided,  be  under  the  care  and  control  of  the  Health 
Officer.    (December  16,  1889.) 

454—  Inspection. 

Sec.  454.  Pipes  or  other  fixtures  shall  not  be  covered  or  concealed 
from  view  until  after  the  work  has  been  examined  by  the  Engineer  or  one 
of  his  assistants,  who  shall  be  notified  when  the  work  is  sufficiently  ad- 
vanced for  inspection.    (December  16,  1889.) 

455—  Inspection. 

Sec.  455.  Any  house  drain  or  sewer  put  in  and  covered  without 
due  notice  to  the  Engineer  or  one  of  his  assistants  must  be  uncovered 
for  inspection  at  the  discretion  of  the  Engineer.    (December  16,  1889.) 

456—  Penalty. 

Sec.  456.  Whoever  violates  or  fails  to  comply  with  any  of  the  pro- 
visions of  Sections  419  to  455  inclusive,  except  where  another  penalty  is 
specially  provided,  shall,  upon  conviction  thereof,  be  fined  not  less  than 
Five  ($5.00)  Dollars  nor  more  than  Fifty  ($50.00)  Dollars  and  the  costs 
of  prosecution.    (October  9,  1905.) 

457—  House  connections— Cost  of  same. 

Sec.  457.  All  persons  desiring  to  make  or  repair  house  connections 
with  main  or  lateral  sewers  in  the  streets  or  alleys  of  the  City  of  Canton, 
Ohio,  shall  apply  in  person  or  by  agent  at  the  office  of  the  City  Civil 
Engineer  of  the  Department  of  Public  Service,  upon  which  application 
they  shall  pay  to  the  City  of  Canton  such  an  amount  of  money  as  the 
Board  of  Public  Service  shall  designate,  to  cover  the  cost  of  constructing 
or  repairing  said  house  connection  from  the  sewer  to  the  lot  line  of  the 
property  to  be  served,  and  when  said  house  connection  is  on  a  paved 
street  or  alley  of  said  city  the  cost  of  the  restoration  of  all  pavements 
opened  for  such  purpose  shall  be  added  to  the  cost  of  constructing  and 
repairing  said  connection.  Thereupon  the  Board  of  Public  Service  shall 
cause  said  house  connection  to  be  constructed  or  repaired  under  the  direc- 
tion and  supervision  of  the  City  Civil  Engineer.    (May  21,  1906.) 


156 


REVISED  ORDINANCES 


458— Board  of  Public  Service  to  establish  schedule  of  prices. 

Sec.  458.  It  shall  be  the  duty  of  the  Board  of  Public  Service,  upon 
the  passage  of  this  ordinance,  to  establish  schedule  of  prices  for  such 
construction  or  repair,  which  shall  be  as  near  as  practicable,  the  actual 
cost  thereof,  and  which  schedules  may  be  changed  or  amended  from 
time  to  time  as  the  said  board  may  find  necessary  to  make  the  schedules 
conform  to  such  cost.    (May  21,  1906.) 


CHAPTER  XXXI 


SIDEWALKS. 


Section. 

459.  Grade  and  width. 

460.  Construction  of  sidewalks. 

461.  In  front  of  private  residences. 

462.  Carriage  and  driveway.  Penalty. 

463.  Coal  cellars  or  pits.  Penalty. 
464  Unloading  upon.  Penalty. 

465.  Repair.    Duty  of  Street  Commissioner. 

466.  Fruit  stands,  etc.  Exception. 

467.  Penalty. 

468.  Crossiugs. 

469.  Inspectors. 

470.  Hitching  posts. 

471.  Trees. 

472.  Trees  near  lights. 

473.  Signs. 

474.  Awnings,  signs,  etc. 

475.  Penalty. 

476.  Width. 

477.  Sidewalks  on  grade  under  direction  of 
Engineer. 

478.  Construction  or  repairs  of  sidewalks  when 
costs  exceed  five  dollars.  Notice. 


Section. 

479.  Council  may  construct.    Assessment  and 
penalty. 

480.  Repairs  of  dangerous  defects.  Notice.  I<ien. 

481.  Posts  and  trees.  Penalty. 

482.  Rubbish,  etc..  on  sidewalks. 

483.  Space  for  exhibiting  goods. 

484.  Goods  on  sidewalk. 

485.  Driving  over  sidewalks. 

486.  Windows,  porches,  areas,  etc. 

487.  Railings  and  covers. 

488.  Permission  does  not  grant  title. 

489.  Penalty. 

490.  Balconies  and  porches. 

491.  Handcarts  with  swill,  etc. 

492.  Penalty. 

493.  Cleaning  sidewalks. 

494.  Notice.    Superintendent  of  streets.  Assess- 
ment. 

495.  Snow,  ice,  and  dirt  to  be  removed. 

496.  Mayor  to  give  notice. 

497.  Penalty. 


459—  Grade  and  width. 

Section  459.  All  sidewalks  within  said  city  shall  be  of  the  width,  and 
laid  to  the  grade  prescribed  by  the  several  ordinances  now  in  force  re- 
lating to  such  width  and  grade,  and  shall  so  remain  until  changed  by  ordi- 
nance. Any  property  holder  desiring  to  lay  or  relay  a  sidewalk  in  front 
of  his  premises,  may  in  case  the  grade  for  such  sidewalk  be  unknown  or 
uncertain,  call  upon  the  City  Engineer  to  determine  and  indicate  such 
grade  according  to  the  ordinance  fixing  the  same,  as  soon  as  may  be  prac- 
ticable thereafter  at  the  expense  of  the  city.    (December  1,  1879.) 

460—  Construction. 

Sec.  460.  All  sidewalks  shall  be  constructed  of  concrete,  sawed  flag- 
stone or  brick  in  accordance  with  the  plans  and  specifications  filed  in  the 
office  of  the  City  Engineer  of  the  City  of  Canton  from  time  to  time. 
(June  11,  1906.) 

461 —  In  front  of  private  residences. 

Sec.  461.  In  laying  a  sidewalk  in  front  of  any  premises  occupied  as  a 
private  residence  only  the  owner  may,  if  he  desires,  notwithstanding  the 


158 


REVISED  ORDINANCES 


provisions  of  section  462,  construct  such  sidewalk  of  surfaced  and  jointed 
stone  flagging  not  less  than  six  feet  in  length  by  three  feet  in  breadth, 
laid  midway  along  the  line  of  the  pavement,  with  the  ends  projecting 
towards  the  sides  of  such  sidewalk,  and  the  spaces  between  the  ends  of 
such  blocks  of  flagging  and  the  edges  of  the  sidewalk  shall  be  laid  with 
sod  or  turf,  and  it  shall  be  the  duty  of  the  party  occupying  any  premises 
abutting  on  a  sidewalk  constructed  partly  of  stone  and  partly  of  sod  or 
turf  as  aforesaid,  to  keep  such  sod  or  turf  in  good  condition,  and  to  mow 
the  same  as  often  as  may  be  necessary,  to  prevent  the  grass  frdm  be- 
coming an  unreasonable  length.    (December  1,  1879.) 

462—  Carriage  or  d rive = ways— Penalty. 

Sec.  462.  All  carriage  or  driveways  that  may  be  required  over  any 
sidewalk  of  said  city  into  the  private  alley  on  the  premises  of  any  prop- 
erty holder,  shall  be  constructed  of  hard  burnt  brick  set  on  the  edge,  or  of 
blocks  of  stone  surfaced  and  jointed,  such  carriage  or  driveways  shall  Kbe 
laid  flush  with  the  pavement,  and  provision  shall  be  made  for  preventing 
the  washing  'of  gravel  and  sand  from  the  premises  adjoining  upon  such 
ways.  It  shall  also  be  the  duty  of  persons  occupying  premises  to  which 
such  way  may  be  appurtenant,  to  keep  any  gates  used'  in  connection  with 
such  way  closed,  except  when  opened  for  the  immediate  passage  of 
vehicles,  so  as  not  to  interfere  with  the  proper  and  convenient  use  of  the 
sidewalk  by  foot  passengers.  Any  occupant  of  such  premises  who  shall 
permit  sand  or  gravel  washings  to  remain  upon  such  sidewalk  so 
crossed  by  a  carriage  or  driveway,  for  the  space  of  live  hours  or  shall 
permit  the  gates  used  in  connection  with  such  way  to  remain  open  in  such 
manner  as  to  interfere  with  the  proper  and  convenient  use  of  the  sidewalk 
for  the  space  of  one  hour  shall  upon  conviction  of  either  of  said  offenses 
before  the  Mayor  pay  a  fine  of  not  more  than  one  dollar  nor  less  than 
fifty  cents  at  the  discretion  of  the  Mayor.    (December  1,  1879.) 

463—  Coal  cellars  or  pits— Penalty. 

Sec.  463.  Any  person  desiring  to  make  an  excavation  in  a  sidewalk 
tor  a  coal  cellar  or  pit,  or  for  any  other  proper  and  legitimate  purpose 
shall  first  provide  a  convenient  and  sufficient  footway  across  or  around 
the  proposed  Opening,  and  shall  cause  proper  safe  guards  to  be  placed 
around  such  openings  for  the  protection  of  passers  by  from  accident, 
and  shall  also  push  the  work  on  such  excavation  to  completion  with  all 


SIDEWALKS 


159 


reasonable  speed.  Any  person  failing  to  comply  with  the  provisions  of 
this  section  shall  on  conviction  thereof  before  the  Mayor  be  fined  in  any 
sum  not  exceeding  ten  dollars  nor  less  than  three  dollars,  at  the  discretion 
of  the  Mayor,  for  each  offense.    (December  I,  1879.) 

464—  Unloading  upon— Penalty. 

Sec.  464.  No  person  shall  use  or  occupy  more  than  one-half  of  any 
sidewalk  for  unloading  coal,  wood,  sand  or  gravel,  or  any  other  material  or 
substance,  and  shall  moreover  remove  the  material  or  substance  so  un- 
loaded within  six  hours  after  the  same  has  been  deposited  on  the  side- 
walk as  aforesaid.  Any  person  offending  against  any  one  or  more  of  the 
provisions  of  this  section  shall  upon  conviction  thereof  before  the  Mayor 
be  fined  in  the  sum  of  one  dollar  for  each  offense.    (December  1,  1879.) 

465—  Repair— Duty  of  Superintendent  of  Streets. 

Sec.  465.  It  shall  be  the  duty  of  the  owners  of  lots  abutting  on 
sidewalks  in  said  city  to  keep  such  sidewalk  in  good  repair,  in  front  of 
their  several  premises,  and  to  prevent  any  uneveness  in  the  surface  grade 
of  such  sidewalks  by  reason  of  the  laying  of  water  or  gas  pipes  or  other- 
wise. It  shall  be  the  duty  of  the  Superintendent  of  Streets  upon  view,  or 
upon  being  notified  that  any  sidewalk  is  out  of  repair  or  uneven  as  afore- 
said, to  first  cause  notice  to  be  given  to  the  owner  of  premises  abutting 
upon  such  sidewalk  and  if  such  owner  shall  not  within  ten  days  thereafter 
make  the  necessary  repairs  or  improvement  in  such  sidewalk,  the  same 
shall  be  made  by  the  Superintendent  of  Streets,  and  the  expense  thereof 
shall  be  assessed  upon  the  premises  so  abutting  and  be  placed  upon  the 
tax  duplicate  for  collection.    (June  18,  1906.) 

466—  Fruit  stands,  etc.— Exception. 

Sec.  466.  No  person  shall  occupy  any  public  sidewalk  or  any  portion 
of  any  of  the  public  streets  or  alleys  of  said  cityy  as  a  stall  or  stand  for 
the  sale  of  goods,  wares,  mechandise,  fruits,  nuts,  groceries  or  other 
articles,  without  first  obtaining  permission  of  the  City  Council,  and 
paying  into  the  city  treasury  such  sum,  not  exceeding  ten  dollars  per 
month,  as  the  Council  may  require. 

But  this  section  shall  not  apply  to  persons  occupying  rooms  fronting 
on  public  sidewalks,  who  may  desire  to  exhibit  their  goods  outside  their 
permises,  and  within  four  feet  of  the  front  of  their  rooms.  (November 
16,  1891.) 


160 


REVISED  ORDINANCES 


467—  Penalty. 

Sec.  467.  Any  person  offending  against  any  of  the  provisions  of  the 
foregoing  section  shall,  upon  conviction  thereof  before  the  Mayor,  be 
fined  in  the  sum  of  not  less  than  ten  dollars,  nor  more  than  fifty  dollars. 
(November  16,  1891.) 

468—  Crossings. 

Sec.  468.  All  public  crossings  or  crosswalks  over  the  several  streets 
of  said  city  shall  be  properly  connected  with  the  sidewalks,  and  should 
any  crosswalk  fail  to  connect  with  the  sidewalk  at  any  point,  for  the  reason 
that  such  sidewalk  is  of  less  width  than  the  ordinance  establishing  it  re- 
quires it,  it  shall  be  the  duty  of  the  Street  Commissioner,  immediately 
upon  the  completion  of  such  crosswalk,  to  notify  the  property  owner 
whose  sidewalk  is  too  narrow  as  aforesaid,  to  make  such  sidewalk  of  the 
proper  width,  and  upon  his  failing  to  heed  such  notification  within  ten 
days  from  the  time  of  receiving,  the  Street  Commissioner  shall  report 
the  same  to  the  City  Council.    (December  1,  1879.) 

469—  Inspection. 

Sec.  469.  The  City  Civil  Engineer  and  the  Superintendent  of  Streets 
are  hereby  constituted  a  Board  of  Sidewalk  Inspectors,  whose  duty  it 
shall  be  in  the  first  week  of  May  and  the  first  week  of  September  annually 
hereafter,  to  view  and  inspect  the  sidewalks  of  said  city,  and  to  report 
to  the  Council  any  violation  of  this  ordinance,  or  of  any  other  ordinance 
relating  to  sidewalks  than  may  be  found  to  exist,  and  particularly  to  furnish 
to  the  Council  such  information  as  may  be  deemed  necessary  relating  to  the 
improvement  and  repair  of  the  various  sidewalks,  and  also  to  their  general 
condition.    (June  18,  1906.) 

470 —  Hitching  posts. 

Sec.  470.  It  is  hereby  declared  unlawful  for  any  person  who  is  the 
owner  of,  or  is  an  agent  having  the  care  of  any  premises  situate  within 
the  city,  and  abutting  on  any  public  alley,  street  or  highway  to  place,  or 
permit  to  be  placed  any  hitching  or  other  posts  in  sidewalks  in  front  of 
such  premises  unless  the  same  be  made  of  iron,  wood  or  stone,  and  of  a 
height  not  to  exceed  four  feet,  and  placed  within  and  not  more  than  one 
foot  from  the  outer  line  of  such  sidewalk,  and  that  any  and  all  hitching 
and  other  posts  (except  lamp  posts)  now  in  any  of  the  sidewalks  of  the 
city  and  not  in  compliance  with  this  section  are  to  be  deemed  obstructions 


SIDEWALKS 


161 


in  such  sidewalk  and  after  notice  to  be  removed  by  such  owner  or  agent 
and  in  case  of  a  failure  so  to  remove  same  within  two  days  after  such 
notice  then  same  to  be  held  a  violation  of  this  section  of  this  ordinance. 
(September  25,  1882.) 

471—  Trees. 

Sec.  471.  It  is  hereby  made  the  duty  of  every  person  who  is  the 
owner  of  or  is  an  agent  having  the  care  of  any  premises  situate  within  the 
city  and  abutting  on  any  public  street,  lane,  alley  or  highway  to  trim 
and  to  keep  trimmed  all  trees  growing  on  said  premises,  or  between  the 
same  and  the  edge  of  the  sidewalk  where  branches  of  trees  overhang 
any  portion  of  such  street  or  highway,  or  overhang  any  part  of  the  pave- 
ment or  sidewalk  of  that  part  of  such  alley,  street  or  highway,  so  abutting 
upon  said  premises,  such  trees  shall  be  trimmed  and  kept  trimmed  so  that 
the  lowermost  branches  thereof  shall  be  at  least  eight  (8)  feet  above  the 
level  of  that  part  of  such  pavement,  sidewalk,  alley,  street  or  highway 
respectively,  so  overhung  by  such  branches.    (September  25,  1882.) 

472 —  Trees  near  lights. 

Sec.  472.  It  shall  be  the  duty  of  such  owner  or  agent  of  such 
premises  as  aforesaid,  to  so  trim  and  keep  trimmed  all  trees  growing  in 
relation  as  aforesaid  to  such  premises,  and  near  any  public  lamp  as  that 
no  branch  thereof  shall  be  nearer  horizontally  than  three  feet  to  any 
such  lamp,  or  the  post  whereon  it  is  placed.    (September  25,  1882.) 

473—  Signs. 

Sec.  473.  It  is  hereby  declared  unlawful  for  any  owner  or  occupant 
of  any  building  within  the  city  abutting  upon  any  public  street,  alley  or 
highway  to  have  any  sign  or  other  projection  extending  into  the  street, 
lane,  alley  or  highway,  over  the  sidewalk  more  than  five  feet  from  the 
side  of  such  building  and  at  a  height  not  less  than  eight  feet  from  the 
surface  of  pavement  the  same  to  be  securely  fastened  by  iron  hangings  and 
frames,  except  awnings  as  hereinafter  specified.    (September  25,  1882.) 

474—  Awnings— Signs,  etc. 

Sec.  474.  It  is  hereby  declared  unlawful  for  any  person  or  persons 
owning  or  occupying  any  building  or  buildings  in  this  city  fronting  on  any 
public  street,  lane,  alley  or  highway,  to  erect  or  suspend  any  awning  frames 
from  such  building  or  buildings  unless  the  same  be  made  of  iron  and 
the  rail  thereof  extending  over  the  sidewalk  to  be  not  less  than  eight 


162 


REVISED  ORDINANCES 


feet  at  lowest  point  from  surface  of  pavement,  and  for  this  purpose  and  for 
this  only,  such  person  or  persons  to  have  the  right  and  privilege  to  extend 
upward  from  the  iron  hitching  posts  iron  rods  not  to  exceed  three  inches 
in  diameter,  to  connect  with  the  rails  of  said  awning  extending  over  the 
sidewalk;  and  any  and  all  signs,  awnings,  posts  and  projections  now  over 
and  in  any  sidewalk  in  this  city  in  violation  of  the  provisions  of  this  section 
shall  be  held  to  be  obstructions,  and  to  be  removed  upon  reasonable  notice 
given  by  the  Mayor  of  said  city,  and  a  failure  to  remove  such  sign, 
awning  or  other  projection  by  such  person  or  persons  occupying  or  own- 
ing said  building  within  two  days  after  the  service  of  such  notice,  shall  be 
deemed  and  held  to  be  a  violation  of  this  section.    (September  25,  1882.) 

475—  Penalty. 

Sec.  475.  Any  person  violating  any  provision  of  the  five  next  pre- 
ceding sections  shall,  on  conviction  thereof,  be  fined  in  any  sum  not 
exceeding  fifty  dollars,  and  the  further  sum  of  five  dollars  for  each  day 
said  violation  is  continued.    (September  25,  1882.) 

476—  Width. 

Sec.  476.  The  width  of  the  sidewalks  including  the  curb-stone, 
hereafter  constructed  or  repaired,  shall  be,  unless  otherwise  ordered  by 
the  City  Council,  as  follows :  On  all  streets  and  avenues  which  are  80 
feet  wide  and  over,  shall  be  one-fourth  the  width  of  such  street  or  avenue ; 
on  all  streets,  avenues  and  alleys  less  than  80  feet  and  not  less  than  25 
feet  wide,  shall  be  one-fifth  of  the  width  of  such  street,  avenue  or  alley; 
on  all  streets  and  alleys  less  than  25  feet  wide  and  not  less  than  18  feet 
wide,  shall  be  one-sixth  the  width  of  such  street  or  alley,  on  all  alleys  less 
than  18  feet  wide  no  sidewalk  shall  be  allowed.  They  shall  be  laid  with  an 
inclination  of  one-half  inch  in  each  foot  from  the  curb-stone,  on  a  bed 
of  not  less  than  six  inches  of  fine  gravel  and  sand  or  clean  cinders ;  no 
carriage  or  wagon  drives  shall  be  constructed  across  any  sidewalk  unless 
by  special  permission  of  the  City  Council  in  each  case,  and  upon  such 
permission  being  given,  said  owner  is  to  pave  said  driveway  with  hard 
burnt  paving  brick  set  on  edge,  or  of  blocks  of  stone  surfaced  and  jointed, 
and  also  to  construct  the  necessary  circle  corners  and  curbing  on  either 
side  of  said  driveway.    (December  9,  1889.) 

477—  On  grades  and  under  direction  of  Engineer. 

Sec.  477.  Kvery  person  constructing  or  repairing  any  sidewalk,  shall 
cause  the  same  to  be  done  in  accordance  with  the  established  grade,  the 


SIDEWALKS 


163 


provisions  of  this  chapter  and  of  the  resolutions  directing  the  same,  and 
under  the  direction  of  the  City  Civil  Engineer,  whose  duty  it  shall  be 
to  give  such  grade,  stakes  and  information  as  may  be  necessary  to  a  strict 
compliance  with  this  chapter  and  said  resolution.  All  sidewalks  shall  be 
constructed  and  repaired  under  the  supervision  of  the  City  Civil  Engineer. 
(December  9,  1889.) 

478—  Construction  of  repairs  when  costs  exceed  five  dollars — Notice. 

Sec.  478.  When  in  the  opinion  of  the  Council  it  shall  be  necessary  to 
construct  or  repair  any  sidewalk  the  cost  whereof  shall  exceed  five  dollars, 
it  shall  so  declare  by  resolution,  and  the  Clerk  of  the  Council  shall  then  ad- 
vise the  Mayor  of  the  Council's  action,  who  shall  cause  a  written  notice  to  be 
given  to  the  owner  or  agent  of  the  owner,  of  each  parcel  of  land  abutting 
on  such  sidewalk,  who  may  be  a  resident  of  the  city  and  can  be  found, 
of  the  passage  of  said  resolution,  and  shall  return  a  copy  of  such  notice 
with  the  time  and  manner  of  service  endorsed  thereon  and  signed  by  the 
officer  serving  the  same  to  the  Clerk  of  Council,  who  shall  file  and  preserve 
the  same  in  his  office,  and  if  it  appear  in  the  return  in  any  case  that  such 
owner  is  a  non-resident,  or  that  neither  such  owner  or  agent  can  be  found, 
then  notice  may  be  given  by  publication  in  some  newspaper  of  general 
circulation  in  the  City  of  Canton.    (Tune  18,  1906.) 

479—  Council  may  construct— Assessment— Penalty. 

Sec.  479.  If  such  sidewalks  are  not  constructed  within  thirty  days, 
or  are  not  repaired  within  ten  days  from  the  service  of  the  notice  or  com- 
pletion of  the  publication  provided  for  in  section  478  of  this  chapter, 
then  the  Council  shall  by  resolution,  authorize  and  direct  the  City  Civil 
Engineer  to  contract  in  the  name  of  the  City  of  Canton,  with  some 
person  or  persons  to  do  the  said  work,  stipulating  the  price  thereof  and  the 
expense  so  incurred  shall  be  assessed  and  become  a  lien  upon  the  prop- 
erty bounding  or  abutting  thereon,  and  the  said  assessment  shall  be 
assigned  and  transferred  by  the  city  to  the  person  or  persons  making  the 
said  improvement,  and  shall  be  a  full  payment  therefor,  and  shall  be  col- 
lected in  the  same  manner,  with  a  penalty  of  ten  per  cent  and  interest  after 
failure  to  pay  at  the  time  fixed  for  the  payment  of  the  assessment  as  in 
other  cases  of  improvement.    (December  9,  1889.) 

480—  Repair  of  dangerous  defects — Notice— Lien. 

Sec.  480.  Whenever  it  shall  come  to  the  knowledge  of  the  City 
Civil  Engineer,  that  any  dangerous  defect  exists  in  any  sidewalk,  the 


164 


REVISED  ORDINANCES 


total  cost  of  repairing  which  to  be  charged  to  any  one  parcel  of  land  shall 
not  exceed  five  dollars,  it  shall  be  sufficient  for  and  the  duty  of  the  City 
Civil  Engineer  to  forthwith  and  in  like  manner  and  with  like  effect,  as 
provided  in  section  478  of  this  chapter,  serve  a  notice  upon  the  owner 
of  such  land,  or  his  or  her  agent  and  make  return  thereof,  stating  that  if 
such  repair  be  not  made  within  three  days  by  such  owner  or  agent,  tne 
same  will  be  made  at  his  or  her  expense,  at  a  reasonable  cost  to  be 
stated  in  the  notice,  and  that  if  said  cost  be  not  paid  to  the  City  Auditor 
within  fifteen  days  after  such  repair  is  made  the  same  will  be  charged 
against  said  lands  as  taxes,  if  such  repair  is  not  made  within  three  days, 
the  City  Civil  Engineer  shall  forthwith  cause  the  same  to  be  repaired  and 
report  the  fact  to  the  City  Auditor,  who  shall  thereafter  certify  the  sum 
named  in  the  notice,  if  not  paid  within  fifteen  days  to  the  County  Auditor, 
to  be  placed  upon  the  tax  duplicate  as  a  lien  against  the  said  property, 
to  be  collected  as  other  taxes.    (June  18,  1906.) 

481—  Posts  and  trees. 

,Sec.  481.  All  hitching,  lamp,  or  other  posts,  and  all  shade  or  orna- 
mental trees,  hereafter  placed  in  any  of  the  streets  of  this  city,  shall  be 
placed  within  and  not  more  than  one  foot  from  the  outer  line  of  the 
sidewalk  of  such  street,  and  every  person  placing,  or  procuring  to  be 
placed,  any  tree  or  post  contrary  to  the  provisions  of  this  section  shall, 
on  conviction  thereof,  be  fined  in  any  sum  not  exceeding  five  dollars, 
and  such  tree  or  post  shall  be  removed  under  the  direction  of  the  Council. 
(June  22,  1874.) 

482—  Rubbish,  etc.,  on  sidewalks. 

Sec.  482.  No  person  shall  pile,  deposit  or  place,  or  cause,  or  permit, 
to  be  deposited,  piled  or  placed  any  rubbish,  wood,  coal,  merchandise, 
dirt  or  obstruction  of  any  kind,  upon  or  over  any  sidewalk,  nor  occupy 
or  obstruct  any  sidewalk  so  as  to  interfere  with  the  convenient  use  of  the 
same  by  all  passengers.    (June  22,  1874.) 

483—  Four  feet  for  space  for  exhibiting  goods. 

Sec.  483.  No  person  shall  occupy  more  than  four  feet  of  the  side- 
walk in  front  of  any  building  for  the  placing  and  exhibiting  of  any  prop- 
erty, nor  shall  any  goods  be  placed  upon  the  railing  between  the  sidewalk 
and  street.    (June  22,  1874.) 


SIDEWALKS 


165 


484—  Goods  on  sidewalk. 

Sec.  484.  No  person  while  receiving  or  delivering  any  goods,  ware, 
or  merchandise,  shall  permit  the  same  to  remain  on  any  sidewalk  longer 
than  six  hours,  nor  for  any  time  so  as  to  obstruct  or  interfere  with  the 
free  and  convenient  use  of  the  sidewalk  by  the  public.   (June  22,  1874.) 

485 —  Driving  over  sidewalks. 

Sec.  485.  No  person  shall  push,  or  draw,  or  back,  or  drive  any 
horse,  cart,  wagon,  or  other  vehicle,  over  any  paved  sidewalk,  or  use, 
ride  or  diive  any  horse,  wagon,  sled,  or  sleigh  thereon  unless  it  be  to  go 
into  or  out  of  a  yard  or  lot.    (June  22,  1874.) 

486 —  Windows,  porches,  etc. 

Sec.  486.  No  person  shall  hereafter  build  or  suffer  to  remain  any 
bow  or  other  window  projecting  into  any  sidewalk  of  said  city.  It  shall 
also  be  unlawful  for  any  person  to  construct  or  build  or  suffer  to  remain 
any  porch,  steps,  area,  cellar  door,  or  platform  which  projects  into  any 
sidewalk  of  said  city  unless  permission  shall  have  been  obtained  from  the 
Council  of  said  City  to  so  build  and  construct  the  same. 

Provided  that  in  the  exercise  of  the  discretion  herein  granted  the 
Council  shall  in  no  case  permit  any  porch,  steps,  area,  cellar  door  or 
platform  to  be  built  or  constructed  in  such  manner  that  the  same  will 
project  into  any  sidewalk  more  than  four  feet.    (November  14,  1892.) 

487 —  Railings  and  covers. 

Sec.  487.  In  granting  permits  for  the  construction  of  any  porch, 
steps,  area,  cellar  door  or  platforms  as  herein  provided  the  Council  shall 
prescribe  the  width  and  manner  of  constructing  the  same,  and  shall 
require  that  all  steps  descending  from  the  sidewalk  to  basement  and  all 
areas  between  building  and  sidewalk  shall  be  surrounded  and  protected 
by  a  substantial  iron  fence  at  least  three  feet  in  height,  or  the  Council 
may  in  its  discretion  require  that  all  areas  shall  be  covered  with  gratings 
of  iron  or  glass  and  iron.    (November  14,  1892.) 

488—  Permission  does  not  grant  title. 

Sec.  488.  The  permission  which  is  herein  provided  may  be  granted 
by  the  Council  shall  in  no  event  be  construed  to  give  unto  any  person  or 
persons  obtaining  same  any  ownership  in  the  sidewalk  so  covered  or 
occupied.    (November  14,  1892.) 


166 


REVISED  ORDINANCES 


489—  Penalty. 

Sec.  489.  Any  person  violating  any  of  the  provisions  of  the  next 
three  preceding  sections  of  this  ordinance  shall,  on  conviction  thereof 
before  the  Mayor,  be  fined  in  any  sum  not  exceeding  twenty  dollars  and 
costs.    (November  14,  1892.) 

490—  Balconies  and  porches. 

Sec.  490.  No  person  shall  erect  any  balcony  or  porch  projecting 
over  the  sidewalk,  except  by  permission  and  under  the  direction  of  the 
City  Council,  nor  shall  such  permission  be  so  construed  as  to  give  such 
person  any  ownership  in  the  sidewalk  so  covered.    (June  22,  1874.) 

491—  Hand=carts  with  swill,  etc. 

Sec.  491.  It  shall  not  be  lawful  for  any  person  or  persons  to  push 
or  pull  any  hand  cart  or  any  wheelbarrow  with  swill,  soap  or  mortar 
therein  along  or  over  any  of  the  foot  pavements  or  sidewalks  or  along  any 
of  the  crosswalks  within  the  limits  of  said  city.    (June  22,  1874.) 

492—  Penalty. 

Sec.  492.  Any  person  violating  any  provision  of  sections  482,  483, 
484,  485,  490  or  491  of  this  ordinance  shall,  on  conviction  thereof,  be  fined 
in  any  sum  not  exceeding  twenty  dollars  and  costs. 

493 —  Cleaning  sidewalks. 

Sec.  493.  The  owner  or  owners  of  property  abutting  on  any  graded 
street  in  said  city  shall  be  and  are  hereby  required  to  clean  and  keep 
clean  of  all  grass,  weeds,  or  rubbish  the  sidewalks  in  front  of  their  respec- 
tive premises.    (September  12,  1881.) 

494—  Notice  to  clean— Duty  of  Superintendent  of  streets. 

Sec.  494.  If  any  owner  contemplated  in  the  section  493  of  this 
chapter  shall  fail  to  comply  with  the  provisions  thereof,  after  receiving 
written  notice  from  the  Superintendent  of  Streets  of  said  city,  and  after 
five  days  have  elapsed  after  receiving  such  notice,  then  the  Superintendent 
of  Streets  shall  cause  the  same  to  be  /lone,  and  after  demand,  report  the 
expense  thereof  to  the  City  Clerk,  who  shall  cause  the  said  expense  to  be 
placed  on  the  general  tax  duplicate  against  the  property  in  front  of  which 
said  cleaning  is  done,  to  be  collected  as  other  taxes.    (September  12,  1881.) 

495—  Snow,  ice  and  dirt  to  be  removed. 

See.  495.  Any  person  or  persons  owning  or  occupying  any  tenement 
buildings,  or  lot  fronting  upon  any  street,  shall  clean  or  cause  to  be  kept 


SIDEWALKS 


167 


clean,  the  side  walk  or  pathway  and  gutter  in  front  of  such  tenement 
buildings  or  lot,  as  the  case  may  be,  of  snow,  ice  or  dirt.  If  from  any 
cause  it  shall  be  impossible  to  remove  all  of  said  snow  or  ice  therefrom, 
then,  and  in  that  event,  it  shall  be  the  duty  of  said  person  or  persons  to 
cause  the  same  to  be  covered  with  a  coating  of  ashes,  salt  or  sawdust, 
as  may  be  necessary  to  render  travel  thereon  safe  and  convenient.  If  the 
sidewalk  or  pathway  in  front  of  said  tenement  building  or  lot  is  not 
paved,  then  it  shall  be  cleaned  and  covered  as  in  the  manner  aforesaid  to 
the  width  of  five  feet.    (February  n,  1895.) 

496—  Mayor  to  give  notice. 

Sec.  496.  It  shall  be  the  duty  of  the  Mayor,  upon  receiving  notice 
in  writing  that  any  person  or  persons  have  neglected  to  remove  such 
snow,  ice  or  dirt,  or  to  cover  such  sidewalk  with  a  coating  of  ashes,  salt  or 
sawdust,  to  forthwith  notify  said  tenant  or  property  owner  in  writing 
to  clean  said  sidewalk  or  coat  the  sajme  with  ashes,  salt  or  sawdust  as  afore- 
said within  twelve  hours  thereafter.    (February  11,  1895.) 

497—  Penalty. 

Sec.  497.  Any  person  or  persons  receiving  such  notice  from  the 
Mayor  of  the  City,  and  not  complying  with  the  same,  shall  be  fined  in  any 
sum  not  exceeding  Ten  ($10.00)  dollars,  at  the  discretion  of  the  Mayor. 
(February  11,  1895.) 


CHAPTER  XXXII. 


SINKING  FUND  COMMISSION. 


Section. 

498.  Bond  and  oath. 

499.  Secretary. 

500.  Duties  of  Secretary. 


Section. 

501.  Salary  and  bond  of  Secretary. 

502.  Appointment  of  Secretary. 


498—  Bond  and  oath. 

Section  498.  The  Trustees  of  the  Sinking  Fund  shall  each  give  a 
surety  company  bond  in  the  sum  of  Ten  Thousand  ($10,000.00)  Dollars 
to  be  approved  by  the  Mayor,  and  shall  each  take  an  oath  to  support  the 
constitution  of  the  United  States  and  the  State  of  Ohio  and  to  faithfully 
and  honestly  perform  their  duties.    (June  8,  1903.) 

499—  Secretary. 

Sec.  499.  There  is  hereby  created  the  office  of  Secretary  of  the  Board 
of  Trustees  of  the  Sinking  Fund  of  the  City  of  Canton,  Ohio.  (February 
26,  1906.) 

500—  Duties  of  Secretary. 

Sec.  500.  The  duties  of  said  Secretary  shall  be  such  as  are  pre- 
scribed by  the  Board  of  Sinking  Fund  Trustees.    (February  26,  1906.) 

501—  Salary  and  bond  of  Secretary. 

Sec.  501.  Said  Secretary  shall  give  a  bond  in  the  sum  of  Five 
Hundred  ($500.00)  Dollars  and  receive  a  salary  of  Twenty-Five  ($25.00) 
Dollars  per  month,  payable  according  to  law  out  of  the  Sinking  Fund 
of  the  City  of  Canton,  Ohio.    (February  26,  1906.) 

502—  Appointment  of  Secretary. 

Sec.  502.  The  appointment  of  said  Secretary  of  the  Board  of  Sink- 
ing Fund  Trustees  shall  be  made  by  said  board  in  accordance  with  the 
law  regulating  such  appointment.    (February  26,  1906.) 


CHAPTER  XXXIII. 


STREET  NAMES  AND  HOUSE  NUMBERS. 


Section. 

503.  Marking  street  names. 

504.  House  numbers. 

505.  Plan  of  numbering. 

506.  Place  of  numbers. 

507.  Streets  how  numbered. 

508.  City  Engineer  to  divide  lots  and  blocks  not 


Section. 

509.  New  blocks  and  buildings. 

510.  Owners,  etc.,  required  to  number. 

511.  Reports.    Notice  by  City  Engineer. 

512.  Interfering  with  numbers,  etc. 

513.  Penalty. 


provided  for. 


503—  Marking  street  names. 

Section  503.  Every  street  corner  within  this  city  where  the  corner 
lot  is  built  upon  or  occupied  with  a  building  shall  have  +he  name  or 
names  of  the  street  or  streets  forming  the  corners  printed  and  affixed 
to  such  corner,  so  as  to  be  distinctly  in  view  from  the  street  and  at  an 
elevation  equal,  as  near  as  may  be,  to  the  heighth  of  the  first  story  of 
such  building,  the  letters  to  be  of  a  size  not  less  than  three  inches,  and 
whenever  there  is  no  such  building  and  a  lamp  post  for  the  burning  of  gas 
or  gasoline  is  located  on  any  such  corner  the  name  or  names  of  the 
street  or  streets  forming  the  same  shall  be  painted  on  the  glass  thereof 
or  affixed  thereto  in  distinct  and  legible  letters,  the  cost  of  marking  street 
corners  to  be\  paid  by  the  city.    (June  26,  1882.) 

504—  House  number. 

Sec.  504.  All  houses  and  buildings  on  any  streets,  lanes,  alleys, 
avenues,  or  fronting  on  any  public  ground  of  the  city  shall  be  numbered 
according  to  the  street  numbering  plats  made  for  said  city  by  the  City 
Civil  Engineer,  and  now  on  file  in  the  office  of  said  Engineer,  and  as 
may  be  hereafter  made  and  prepared ;  and  the  numbers  assigned  thereto 
by  the  City  Engineer;  that  these  numbers  shall  be  neatly  painted  upon 
zink  or  japanned  tin,  iron  or  other  material,  not  less  than  three  by  two 
inches  in  size,  provided  that  any  person  shall  have  the  right  to  number 
his  or  her  own  house  in  an  ornamental  manner.    (July  6,  1896.) 

505—  Plan  of  numbering 

Sec.  505.  The  space  allotted  to  each  number  shall  be  as  follows: 
In  the  territory  bounded  by  South  Street  on  the  south,  North  Street  on 


170 


REVISED  ORDINANCES 


the  North,  Saxton  Street  on  the  east,  and  Wells  Street  on  the  west, 

each  number  shall  occupy  ten  feet  of  space.  All  other  parts  of  the  city 

outside  of  this  territory,  each  number  shall  occupy  a  space  of  twenty 

feet  along  each  street  on  which  the  building  shall  abut.    (July  6,  1896.) 

506—  Place  of  numbers. 

Sec.  506.  The  figures  of  every  number  shall  be  distinct  and  legible 
and  placed  in  a  conspicuous  place  on  the  side  or  immediately  above  the 
front  door  of  every  such  building  and  in  full  view  of  the  street.  (June 
26,  1882.) 

507—  Streets,  how  numbered. 

Sec.  507.  All  streets  running  east  and  west  shall  be  numbered  east 
from  Market  Street  eastwardly  and  west  from  Market  Street  westwardly, 
with  odd  numbers  on  the  north  and  even  numbers  on  the  south  side  of  said 
streets.  All  streets  running  north  and  south  shall  be  numbered  south  from 
Tuscarawas  Street  southwardly,  and  north  from  Tuscarawas  northwardly, 
with  odd  numbers  on  the  west  and  even  numbers  on  the  east  side  ol  said 
streets,  the  numbering  in  all  cases  to  commence  with  figure  1  and  progress 
in  consecutive  numbers.    (June  26,  1882.) 

508  —City  Engineer  to  divide  lots  and  blocks  not  provided  for. 

Sec.  508.  The  City  Civil  Engineer  is  hereby  required  to  divide  up 
the  different  lots  and  blocks  herein  required  to  be  numbered,  and  not  pro- 
vided for  on  said  numbering  maps  hereinbefore  referred  to  in  the  manner 
provided  in  this  ordinance  into  the  proper  spaces,  and  affix  to  each  of  said 
spaces  the  proper  number,  and  add  and  attach  the  same  to  said  numbering 
map  or  plat  now  on  file  in  said  Engineer's  Office.    (June  22,  1891.) 

509—  New  block  and  buildings. 

Sec.  509.  After  having  complied  with  the  last  preceding  section, 
it  shall  be  the  duty  of  the  City  Civil  Engineer  from  time  to  time  as  new 
blocks  are  formed  and  new  buidings  erected,  to  apply  without  delay  the 
provisions  of  this  ordinance  thereto  in  so  far  as  he  is  charged  with  the 
duty  of  executing  the  same.    (June  22,  1891.) 

510—  Owner,  etc.,  required  to  number. 

Sec.  510.  It  shall  be  the  duty  of  the  owner,  occupant,  lessee  or  agent 
of  any  owner  of  buildings  contemplated  by  this  ordinance  to  cause  said 
building  or  buildings  to  be  numbered  as  herein  provided  for  within  thirty 


STREET  NAMES  AND  HOUSE  NUMBERS 


171 


days  after  receiving  notice  from  the  City  Civil  Engineer  so  to  do.  (June 
22,  1 89 1.) 

51 1—  Reports— Notice  by  City  Engineer. 

Sec.  511.  The  Chief  of  Police  and  each  policeman  of  this  city  shall, 
and  any  other  person  may,  report  to  the  City  Civil  Engineer  without 
delay,  all  cases  coming  respectively  to  their  knowledge,  of  failure  to  num- 
ber building  as  hereinbefore  provided,  and  upon  the  failure  of  the  owner 
or  occupant,  lessee,  or  agent,  to  affix  the  proper  number  thereto  within 
the  time  provided  by  this  ordinance,  the  same  may  be  done  immediately 
thereafter  by  the  said  Engineer  at  the  expense  of  the  city,  and  the  ex- 
pense thereof  shall  be  collected  from  the  property  holder  by  civil  action 
before  the  Mayor  in  the  name  of  the  City  of  Canton  against  the  owner  of 
the  property.    (June  18,  1906.) 

512 —  Interfering  with  number,  etc. 

Sec.  512.  It  shall  be  unlawful  for  any  person  or  persons  in  any 
manner  to  interfere  with,  or  detain  from  any  person  or  persons  in  the 
affixing  of  any  number  to  any  building,  or  to  take  down,  alter  or  deface 
any  number  or  numbers  of  any  building  or  buildings  assigned  and  put  up, 
or  the  name  of  any  street  corner  so  painted  and  affixed  as  aforesaid,  or  to 
retain  an  improper  number  or  to  substitute  any  other  number  or  numbers 
on  his  or  her  or  their  buildings  than  the  numbers  assigned  by  virtue  of  the 
provision  of  this  ordinance.    (June  26,  1882.) 

513—  Penalty. 

Sec.  513.  Any  person  violating  any  of  the  provisions  of  this  chap- 
ter shall  on  conviction  thereof  before  the  Mayor  be  fined  in  any  sum 
not  exceeding  Fifteen  Dollars  and  costs  for  each  offense  and  to  stand 
committed  to  the  city  prison  until  both  fine  and  costs  are  paid.  (June 
26,  1882.) 


CHAPTER  XXXIV 


STREET  RAILWAYS. 


Section. 


Section. 

519.  Penalty. 

520.  Rules  for  governing  the  operation  of  street 


514.  Fenders. 

515.  Penalty. 

516.  Schedule. 


railways.  Penalty. 

521.  To  sprinkle  right  of  way. 

522.  Penalty. 


517.  Duty  of  Mayor. 

518.  Saving  clause. 


514—  Fenders. 

Section  514.  From  and  after  the  1st  day  of  July  1902,  it  shall  be  unlaw- 
ful for  any  person,  company  or  corporation  owning,  managing  or  oper- 
ating any  street  railway  cars  within  the  City  of  Canton,  Ohio,  to  run  the 
same  through  the  streets  and  avenues  of  said  City  of  Canton,  Ohio,  unless 
such  car  is  provided  with  a  safety  guard;  or  fender,  of  the  most  approved 
and  successful  kind,  and  constructed  in  such  a  way  as  to  protect  life  and 
limb  of  any  person  who  may  come  in  contact  with  said  car.  (February 
17,  1902.) 

515—  Penalty. 

Sec.  515.  Any  Officer,  Superintendent,  or  foreman  of  any  such  per- 
son, company,  or  corporation  owning,  managing  or  operating  any  street 
railway  cars  within  the  City  of  Canton,  Ohio,  who  orders,  or,  being  in 
authority  permits  any  car  to  be  operated  without  having  such  safeguard 
or  fender  attached  thereto,  and  any  person,  persons,  company  or  cor- 
poration operating  cars  upon  any  street  railway  within  the  limits  of  the 
City  of  Canton,  Ohio,  refusing  or  failing  to  comply  with  the  requirements 
of  the  preceding  section,  shall  be  fined  in  any  sum  not  less  than  Twenty- 
Five  Dollars  ($25.00)  nor  more  than  One  Hundred  Dollars  ($100.00)  for 
each  car  run  or  operated  in  violation  of  this  ordinance  and  each  day  that 
such  car  shall  be  so  run  or  operated  shall  be  taken  and  considered  as  a 
separate  and  distinct  offense.    (February  17,  1902.) 

516—  Schedule  of  street  cars. 

Sec.  516.  Upon  all  street  car  lines  in  the  City  of  Canton  whereon 
city  cars  arc  operated,  there  is  hereby  established,  until  otherwise  ordained 


STREET  RAILWAYS 


173 


by  the  City  Council,  a  twelve  minute  schedule  for  the  running  of  all 
regular  city  cars,  which  shall  be  interpreted  to  mean  the  running  of 
regular  city  cars  twelve  minutes  apart  each  way  over  said  street  car 
lines,  except,  however,  in  case  of  accident  or  weather  conditions  which 
render  the  regular  running  of  cars  impossible,  in  which  event  the  schedule 
herein  established  shall  be  maintained  as  nearly  as  possible,  and  without 
undue  delay  of  cars ;  Provided  further,  that  nothing  herein  contained 
shall  be  construed  as  preventing  the  running  of  regular  city  street  cars 
more  frequently  than  herein  provided.    (January  30,  1905.) 

517—  Duty  of  Mayor. 

Sec.  517.  It  is  hereby  made  the  duty  of  the  Mayor  through  the  police 
department,  or  otherwise,  as  he  shall  deem  best,  to  maintain  a  thorough 
inspection  of  city  "street  cars,  so  as  to  determine  whether  said  schedule 
is  maintained  and  to  report  to  Council  any  failure  of  the  owner  or 
owners  of  said  street  car  line  to  maintain  said  schedule.   (January  30,  1905.) 

518—  Saving  clause. 

Sec.  518.  Nothing  in  this  ordinance  shall  be  construed  as  affecting 
or  repealing  in  whole  or  in  part  any  existing  ordinance  of  the  City  of 
Canton,  or  any  street  railway  franchise  heretofore  granted  by  said  city. 
(January  30,  1905.) 

519—  Penalty. 

Sec.  519.  Any  agent  or  officer  of  any  person,  association  or  cor- 
poration, operating  street  car  line  or  lines  in  the  City  of  Canton  whereon 
city  cars  are  operated,  violating  the  provisions  of  section  516  of  this 
chapter  shall  upon  conviction  before  the  Mayor,  be  fined  in  any  sum  not 
less  than  Fifty  Dollars  ($50.00)  nor  more  than  Five  Hundred  Dollars 
($500.00)  for  each  day  said  schedule  provided  in  section  516  is  not  estab- 
lished and  maintained  by  any  person,  association,  or  corporation  operating- 
city  street  cars  within  said  city.    (January  30,  1905.) 

520—  Rules  for  governing  the  operation  of  street  railways.  Penalty. 

Sec.  520.  The  following  rules  and  regulations  as  to  the  running  of 
street  cars  shall  be  at  all  times  observed  by  all  officers  and  employes  of 
street  railroads  in  the  City  of  Canton : 

1.  No  cars  shall  be  driven  at  a  greater  speed  than  twelve  miles  an 
hour  and  each  motor  car  shall  be  supplied  with  a  gong,  and  no  car  shall 
approach  nearer  than  fifty  feet  to  any  street  crossing  without  sounding 


174 


REVISED  ORDINANCES 


said  gong  in  such  manner  as  to  warn  persons  in  the  vicinity  of  such 
crossing  of  the  approach  of  such  car. 

2.  No  cars  shall  be  stopped  over  a  crosswalk,  nor  shall  they  be 
stopped  in  any  intersecting  street,  except  to  avoid  collision,  or  to  pre- 
vent danger  to  persons  or  property. 

3.  Conductors  and  motormen  shall  keep  a  vigilant  watch  for  all 
teams,  carriages,  persons  on  foot,  either  on  the  track  or  moving  towards 
it,  and  upon  the  first  appearance  of  danger  thereto,  shall  stop  the  car 
in  the  shortest  possible  time  and  space. 

4.  The  conductors  shall  not  allow  ladies  or  children  to  enter  01 
leave  any  street  car  while  the  same  is  in  motion. 

5.  Any  officer,  agent,  or  employe  of  any  street  railroad  company 
violating  any  of  the  above  rules,  shall  upon  conviction  thereof  before  the 
Mayor,  be  liable  to  a  fine  of  not  more  than  Twenty  ($20.00)  Dollars  for 
each  offense. 

All  existing  street  railroad  companies  shall  at  all  times  comply 
with  these  and  all  other  reasonable  regulations  now  in  force  or  hereafter 
to  b'e  enacted  by  the  lawful  authority  of  said  city.    (January  30,  1905.) 

521—  To  sprinkle  right  of  way. 

Sec.  521.  All  interurban  or  street  railway  companies  operating  their 
lines  within  the  City  of  Canton,  Ohio,  are  hereby  required  to  sprinkle 
with  water  their  right  of  way  on  all  streets,  alleys,  public  highways  or  an  v 
portion  thereof  used  and  occupied  by  the  tracks  of  said  interurban  or 
street  railway  company  within  the  limits  of  the  City  of  Canton.  (April 
9,  1906.) 

522—  Penalty. 

Sec.  522.  Upon  the  failure  of  an  interurban  or  street  railway  com- 
pany, after  ten  days'  notice  given  them  of  such  failure  to  comply  with  the 
provisions  of  the  preceding  section,  then  the  City  of  Canton  may  do  such 
sprinkling  or  contract  for  the  same,  through  its  proper  officers  and  in  ac- 
cordance with  the  laws  relating  to  contracts,  and  the  costs  of  the  same 
shall  be  certified  to  the  County  Auditor  for  collection  to  be  paid  by  such 
interurban  or  street  railway  company  as  other  taxes  are  paid.  (April  9, 
1906.) 


CHAPTER  XXXV 


TRANSIENT  DEALERS. 

Section.  ]  Section. 

523.  Incense  to  transient  dealers.  525.  Penalty. 

524.  Mayor  to  issue  license.    License  fee. 

523—  License  to  transient  dealers. 

Section  523.  It  shall  be  unlawful  for  any  transient  dealer  or  dealers  or 
persons  to  open  stores  or  places  for  the  temporary  sale  of  goods,  wares, 
or  merchandise,  to  do  business  in  the  City  of  Canton  without  first  pro- 
curing a  license  so  to  do  from  the  Mayor,  provided  that  this  chapter  shall 
not  be  construed  to  apply  to  persons  selling  by  sample  only,  nor  to  any 
agricultural  articles  or  products  offered  or  reported  for  sale  by  the  pro- 
ducer.   (July  14,  1890.) 

524 —  Mayor  to  issue  license— License  fee. 

Sec.  524.  Any  person  desiring  a  license  to  do  the  business  ol  a 
transient  dealer  or  to  open  a  store  or  place  for  the  temporary  sale  of 
goods,  wares  or  merchandise,  in  the  City  of  Canton,  shall  make  applica- 
tion therefor  to  the  Mayor  who  shall  issue  the  same  upon  the  payment 
of  not  less  than  Five  nor  more  than  Fifty  ($50.00)  Dollars  per  day,  and 
such  license  may  be  revoked  at  the  discretion  of  the  Mayor.  (July  14, 
1890.) 

525—  Penalty. 

Sec.  525.  Whoever  violates  or  fails  to  comply  with  the  provisions  of 
this  chapter  shall  be  fined  not  less  than  Ten  nor  more  than  Fifty  ($50.00) 
Dollars  and  the  costs  of  prosecution,  and  each  day  that  any  person  shall 
continue  the  violation  of  the  provisions  of  this  chapter  shall  be  deemed 
a  separate  offense.    (July  14,  1890.) 


CHAPTER  XXXVI. 


WARDS. 


Section. 


Section. 


526.  1st  Ward. 

527.  2nd  Ward. 

528.  3rd  Ward. 


529.  4th  Watd. 

530.  5th  Ward. 

531.  6th  Ward. 


The  City  of  Canton  is  hereby  divided  into  the  follwing  wards  : 

526—  1st  Ward. 

Section  526.  Commencing  at  the  intersection  of  the  center  line  of 
Market  and  Tuscarawas  Streets ;  thence  west  along  the  center  line  of 
West  Tuscarawas  Street  to  the  west  corporation  line,  thence  along  and 
following  the  west  corporation  line  and  the  north  corporation  line  in  a 
northeasterlyy  direction  to  the  center  line  of  North  Market  Street,  thence 
southerly  along  the  center  line  of  North  Market  Street  to  the  place  of 
beginning.    (April  9,  1906.) 

527—  2nd  Ward. 

Sec.  527.  Commencing  at  the  intersection  of  the  center  line  of  North 
Market  Street  with  the  center  line  of  East  North  Street ;  thence  north 
along  the  center  line  of  North  Market  Street  to  the  north  corporation  line ; 
thence  eastwardlyy  and  southerly  along  the  north  corporation  line  to  the 
intersection  of  the  north  corporation  line  with  the  east  corporation  line ; 
thence  southwardly  along  the  east  corporation  line  to  the  center  line  of 
Hurford  Street ;  thence  westwardlyy  and  southerly  along  the  center  line 
of  Hurford  Street  to  the  center  line  of  Pennsylvania  Avenue  to  the 
center  line  of  Young  Street ;  thence  southwardly  along  the  center  line  of 
Young  Street  to  the  center  line  or  North  Street ;  to  the  place  of  be- 
ginning.   (April  9,  1906.) 

528—  3rd  Ward. 

Sec.  528.  Commencing  at  the  intersection  of  the  center  line  of  North 
Market  Street  with  the  center  line  of  East  North  Street;  thence  eastwardlv 
along  the  center  line  of  East  North  Street  to  the  center  line  of  Young 
Street  ;  thence  northwardly  along  the  center  line  of  Young  Street  to  the 
center  line  of  Pennsylvania  Avenue ;  thence  eastwardly  along  the  center 


WARDS 


177 


line  of  Pennsylvania  Avenue  to  the  center  line  of  Hurford  Street ;  thence 
northwardly  and  eastwardly  along  the  center  line  of  Hurford  Street  to  the 
east  corporation  line ;  thence  southwardly  along  the  east  corporation  line 
to  the  center  line  of  East  Tuscarawas  Street ;  thence  westwardly  along  the 
center  line  of  East  Tuscarawas  Street  to  the  center  line  of  North  Market 
Street;  thence  northwardly  along  the  center  line  of  North  Market  Street 
to  the  place  of  beginning.    (April  9,  1906.) 

529—  4th  Ward. 

Sec.  529.  Commencing  for  the  same  at  the  intersection  of  the  center 
lines  of  Market  Street  and  Tuscarawas  Street ;  thence  eastwardly  along  tftt 
center  line  of  East  Tuscarawas  Street  to  the  east  corporation  line ;  thence 
southerly  and  southwestwardly  along  the  east  and  south  corporation  lines 
to  the  center  line  of  South  Cherry  Street ;  thence  northwardly  along  the 
center  line  of  South  Cherry  Street  to  its  intersection  with  the  south  line 
of  the  right  of  way  of  the  Pittsburg,  Eort  Wayne  &  Chicago  Railroad 
Company;  thence  southwestwardly  along  the  south  line  of  the  Pittsburg, 
Fort  Wayne  &  Chicago  Railroad  to  the  center  line  of  South  Rex  Street, 
extended ;  thence  northwardly  along  the  center  line  of  South  Rex  Street 
extended  and  of  South  Rex  Street  proper  to  the  center  line  of  East  Wil- 
liam Street;  thence  westwardly  along  the  center  line  of  East  William 
Street  to  the  center  line  of  South  Market  Street ;  thence  northwardly  along 
'the  center  line  of  South  Market  Street  to  the  place  of  beginning. 
(April  9,  1906.) 

530—  5th  Ward. 

Sec.  530.  Commencing  for  the  same  at  the  intersection  of  the  center 
lines  of  William  Street  and  South  Market  Street ;  thence  eastwardly  along 
the  center  line  of  William  Street  to  the  center  line  of  South  Rex  Street ; 
thence  south  along  the  center  line  of  South  Rex  Street  proper  and  South 
Rex  Street  extended  to  its  intersection  with  the  south  line  of  the  right 
of  way  of  the  Pittsburg,  Fort  Wayne  &  Chicago  Railroad  Company; 
thence  northeastwardly  along  the  south  line  of  said  right  of  way  to  the 
center  line  of  South  Cherry  Street;  thence  southwardly  along  the  center 
line  of  South  Cherry  Street  to  its  intersection  with  the  south  corporation 
line ;  thence  along  said  south  corporation  line  to  its  intersection  with  the 
west  corporation  line;  thence  northwardly  along  said  west  corporation  line 
to  the  center  of  Navarre  Street ;  thence  eastwardly  along  the  center  line  of 


178 


REVISED  ORDINANCES 


Navarre  Street  to  its  intersection  with  the  center  line  of  Marion  Street; 
thence  northwardly  along  the  center  line  of  Marion  Street  to  its  inter- 
section with  the  center  line  of  Cedar  Street ;  thence  eastwardly  along  the 
center  line  of  Cedar  Street  to  its  intersection  with  the  center  line  of  South 
Market  Street ;  thence  northwardly  along  the  center  line  of  South  Market 
Street  to  the  place  of  beginning.  (April  9,  1906.) 
531— 6th  Ward. 

Sec.  531.  Commencing  for  the  same  at  the  intersection  of  the  center 
line  of  West  Tuscarawas  Street  with  the  west  corporation  line ;  thence 
eastwardly  along  the  center  line  of  West  Tuscarawas  Street  to  its  intersec- 
tion with  the  center  line  of  Market  Street ;  thence  southwardly  along  the 
center  line  of  South  Market  Street  to  the  center  line  of  Cedar  Street; 
thence  westwardly  along  the  center  line  of  Cedar  Street  to  its  intersection 
with  the  center  line  of  Marion  Street ;  thence  southwardly  along  the  center 
line  of  Marion  Street  to  its  intersection  with  the  center  line  of  Navarre 
Street ;  thence  westwardly  along  the  center  line  of  Navarre  Street  to  its 
intersection  with  the  west  corporation  line ;  thence  northwardly  and  west- 
wardly with  the  west  corporation  line  to  the  place  of  beginning.  (April 
9,  1906.) 


CHAPTER  XXXVII 


WEIGHTS  AND  MEASURES. 


Section. 

532.  Weights  and  measures. 

533.  Standards. 

534.  How  certain  articles  measured. 

535.  Inspection. 

536.  Stamping  and  branding. 

537.  Weights  and  measures  to  be  stamped  and 
branded.  Penalty. 

538.  Exhibition  to  Sealer  of  weights  and  meas- 
ures. 

539.  Untrue  weights  and  measures.  Penalty. 

540.  Counterfeiting. 


Section. 

541.  Articles  of  dry  measures,  how  sold. 

542.  Sealer's  report. 

543.  Penalty. 

544.  Duties  of  Weighmaster. 

545.  Certificate. 

546.  Weighmaster  to  weigh  coal. 

547.  May  cause  scales,  etc.,  to  be  inspected.  May 
destroy  false  weights  and  measures. 
Penalty. 

548.  Coal  wagons  to  be  weighed  and  marked. 
Penalty.  1 


532 —  Weights  and  measures. 

Section  532.  From  and  after  the  taking  effect  of  this  ordinance 
there  shall  be  a  system  and  regulation  of  weights  and  measures  within  the 
city  limits  of  the  City  of  Canton,  and  the  standard  adopted  by  the  State 
of  Ohio  in  chapter  20,  Title  5,  part  2,  of  the  Revised  Statutes,  shall  be 
the  test  by  which  they  shall  be  compared  and  determined.  The  peck, 
half  peck,  quarter  peck,  and  pint  measures  for  measuring  commodities 
which  are  not  liquids,  shall  be  derived  from  the  standard  half  bushel  by 
dividing  the  capacity  of  that  and  each  successive  measure  by  two.  The 
interior  depth  of  the  half  bushel  shall  not  exceed  7  1-2  inches,  nor  be 
less  than  7  inches ;  of  the  peck  shall  not  exceed  six  inches  nor  be  less  than 
5  1-2  inches;  of  the  half  peck,  shall  not  exceed  5  inches  nor  be  less  than 
4  1-2  inches;  of  the  quarter  peck,  shall  not  exceed  4  inches  nor  less  than 
3  1-2  inches;  and  of  the  quart  shall  not  exceed  3  inches  nor  be  less  than 
2  1-2  inches.   (June  18,  1883.) 

533 —  Standards. 

Sec.  533.  There  shall  be  provided,  at  the  expense  of  the  city,  all 
necessary,  correct  and  approved  standards  with  their  needed  subdivisions, 
together  with  proper  beams  and  scales  for  the  purpose  of  testing  and 
approving  the  weights  and  measures  to  be  used  in  the  city.    (June  18. 

1883.) 


180 


REVISED  ORDINANCES 


534 —  How  certain  articles  measured. 

Sec.  534.  Articles  to  be  sold  by  heaped  measure  shall  be  heaped  up 
in  a  conical  form  as  high  as  the  articles  will  admit,  and  all  commodities, 
not;  liquid,  when  sold  by  the  gallon  or  less,  shall  be  sold  by  dry  measure. 
But  nothing  herein  contained  shall  be  construed  to  prevent  the  sale  of 
fruits  and  berries  in  packages  containing  a  half  bushel  or  any  multiple  or 
aliquot  part  thereof,  measured  according  to  the  table  of  dry  measure,  and 
distinctly  labeled  or  marked  so  as  to  show  the  exact  quantity  therein 
contained,  nor  to  prevent  the  sale  of  fruit  at  a  fixed  price  per  piece  or 
number.  Any  person  or  persons  found  guilty  of  violating  any  provision 
of  this  section  shall,  on  conviction  before  the  Mayor  of  the  city,  be  fined  in 
any  sum  not  less  than  Five  ($5.00)  Dollars  nor  more  than  Fifty  ($50.00) 
Dollars  or  imprisonment  in  the  Stark  County  Workhouse  not  more  than 
ten  days  or  both  at  the  discretion  of  the  Mayor.    (June  18,  1906.) 

535—  Inspection. 

Sec.  535.  The  sealer  of  weights  and  measures  shall  within  two 
months  after  his  appointment,  and  at  regular  intervals  of  six  months  there- 
after inspect  and  stamp  all  weights  and  measures,  scales  and  beams  and 
other  weighing  and  measuring  instruments  used  within  the  city  in  the 
purchase  and  sale  of  articles.    (June  18,  1906.) 

536—  Stamping  and  branding. 

Sec.  536.  The  character  or  letters  to  be  stamped  or  branded  on  the 
weights  and  measures,  or  implements  used  for  weighing  or  measuring  as 
aforesaid,  shall  be  "C.  C.  ,$.,"  meaning  thereby  "Canton  City  Sealer." 
And  if  the  measure  stamped  be  one  that  is  used  in  the  purchase  and  sale 
of  articles  usually  purchased  and  sold  by  dry  measure,  the  letter  "D." 
shall  be  added  , meaning  thereby  dry  measure,  and  if  liquid  measure  the 
letter  "L"  shall  be  added,  meaning  thereby  liquid  measure,  and  said 
characters  or  letters  shall  be  placed  in  such  parts  thereof  as  in  the  judg- 
ment of  the  sealer  may  be  most  lasting  and  effectual  in  preventing  or 
detecting  fraudulent  practices  or  imposition  in  the  use  of  said  weights  and 
measures  or  implements  for  weighing  and  measuring  as  aforesaid.  (Aug- 
ust 8,  1898.) 

537—  Weights  and  measures  to  be  stamped  and  branded— Penalty. 

Sec.  537.  It  shall  be  unlawful  for  any  person  or  persons  to  use  or 
suffer  to  be  used,  within  the  corporate  limits  of  the  City  of  Canton,  Ohio, 


WEIGHTS  AND  MEASURES 


181 


any  measures,  Weights,  scales,  beams,  or  other  weighing  instruments  which 
have  not  been  inspected  and  stamped  or  branded  by  the  sealer  of  weights 
and  measures  as  provided  in  the  two  preceding  sections.  And  any  person 
so  using  or  suffering  to  be  used,  any  weights,  measures,  scales,  beams  ur 
other  weighing  instruments  which  have  not  been  so  inspected  and  stamped 
or  branded  for  more  than  six  months  prior  to  the  time  of  such  usage, 
shall,  upon  conviction  thereof  before  the  Mayor,  be  fined  in  any  sum  not 
exceeding  Fifty  Dollars  ($50.00)  and  the  costs  of  prosecution.  It  shall 
be  the  right  and  duty  of  all  persons  to  demand  of  the  said  sealer  the 
performance  of  his  duties  as  prescribed  in  this  ordinance ;  and  if  he  should 
fail  or  refuse  to  perform  any  or  all  of  said  duties,  he  shall,  upon  conviction 
thereof  before  the  Mayor,  be  fined  in  any  sum  not  exceeding  Fifty  Dol- 
lars ($50.00)  and  costs  or  prosecution.    (June  18,  1906.) 

538—  Exhibition  to  sealer  of  weights  and  measures. 

Sec.  538.  It  shall  be  unlawful  for  any  person  to  refuse  to  exhibit 
any  weights  or  measures,  scales,  beams  or  other  weighing  instruments  to 
said  sealer  for  the  purpose  of  having  the  same  inspected  and  stamped  or 
branded  as  hereinbefore  provided.   (June  18,  1906.) 

539—  Untrue  weights  and  measures,  etc.— Penalty. 

Sec.  539.  If  upon  inspection,  said  sealer  shall  find  any  weights  or 
measures,  balance  platform  or  any  other  character  of  scales  untrue,  he 
shall  notify  the  owner  thereof,  and  any  person  who  shall  afterwards  use, 
or  suffer  condemned  weights  or  measures,  or  instruments  of  weighing  to 
be  used,  shall  on  conviction  before  the  Mayor  be  fined  in  any  sum  not 
exceeding  Ten  Dollars  ($10.00)  and  costs  for  each  and  every  day  they 
are  so  used  or  suffered  to  be  used.   (June  18,  1906.) 

540—  Counterfeiting. 

Sec.  540.  It  shall  be  unlawful  for  any  person  to  counterfeit  the 
brand  herein  provided  for,  or  stamp  or  brand  on  any  implements  for 
weighing  or  measuring  any  other  letters  for  the  purpose  of  deception. 
(June  18,  1883.) 

541 —  Articles  of  dry  measures,  how  sold. 

Sec.  541.  It  shall  be  unlawful  for  any  person  or  persons  to  sell  within 
the  limits  of  this  city  any  article  of  dry  measure  in  any  flowing  or  wine 
measure  whatever,  by  pint,  quart,  or  other  contents.    (June  18,  1883.) 


182 


REVISED  ORDINANCES 


542—  Sealer's  report. 

Sec.  542.  Said  sealer  shall  keep  a  book  to  be  provided  by  him  in 
which  he  shall  register  the  names  of  the  persons  whose  weights  and 
measures,  beams  and  scales  or  other  weighing  instruments  he  has  so  ad- 
justed, together  with  the  clay  of  the  month  and  year,  and  the  number  and 
description  of  the  same  so  adjusted,  which  book  shall  be  the  property  of 
the  city,  and  be  at  all  times  open  for  inspection,  and  be  by  him  delivered 
to  his  successor.  And  said  inspector  and  sealer  shall  diligently  enforce  all 
the  provisions  of  this  ordinance,  and  prosecute  all  person  violating  the 
same.    (June  18,  1883.) 

543—  Penalty. 

Sec.  543.  Any  person  or  persons  violating  any  ot  the  provisions  of 
the  next  preceding  eleven  sections  for  which  no  penalty  is  named  therein, 
shall  upon  conviction  for  the  violation  of  such  provisions  before  the  Mayor, 
be  fined  in  any  sum  not  exceeding  fifty  dollars  and  costs.    (June  18,  1883.) 

544—  Duties  of  Weighmaster. 

Sec.  544.  It  shall  be  the  duty  of  the  weighmaster  to  procure,  at  the 
expense  of  the  city,  a  measure  for  stonecoal,  of  the  dimensions  and  con- 
struction prescribed  by  section  fourty-four  hundred  and  fourty-four  (4444) 
Revised  Statutes  of  Ohio  to-wit :  Twenty-four  inches  diameter  at  the 
top,  twenty  inches  at  the  bottom,  and  fourteen  and  one-tenth  inches  deep, 
which  shall  be  taken  to  contain  two  bushels;  to  take  charge  of  the  public 
scales,  keep  them  in  good  repair  at  the  expense  of  the  city,  and  see  that 
they  are  at  all  times  truly  balanced  ;  he  shall  correctly  weigh  and  carefully 
inspect  all  stonecoal  and  hay,  or  other  commodity  usually  sold  by  the 
weight  of  the  wagon,  cart  or  dray  load,  as  well  ah  measure  all  firewood 
brought  to  him  for  that  purpose,  at  the  request  of  either  the  seller  or  the 
buyer  and  give  the  applicant  a  certificate  of  the  true  weight  or  measure 
of  the  comtaiodity  weighed  or  measured  and  inspected,  provided  that 
stonecoal  may  also  be  measured  by  the  bushel  in  a  measure  of  the  dimen- 
sions above  stated,  if  desired  by  the  buyer  or  seller.    (January  7,  1861.) 

545 —  Certificate. 

Sec.  545.  If  the  weighmaster  shall  find  the  stonecoal  or  hay  by  him 
weighed  or  measured  and  inspected  to  be  free  from  impurities,  he  shall 
write  on  the  margin  of  his  certificate  of  the  quantity  the  word  "Pure," 
but  if  there  be  found  among  the  stonecoal  or  hay  foreign  substances  mixed 


WEIGHTS  AND  MEASURES 


183 


with  the  commodities  such  as  ore,  slate,  or  dirt,  among  the  stonecoal,  or 
briars,  bitter  weeds,  sour  grass,  or  other  substances  injurious  thereto 
among  the  hay,  he  shall  write  on  the  margin  of  his  certificate  the  word 
"impure,"  and  make  such  deduction  from  the  actual  weight  of  the  com- 
modity as,  in  his  judgment,  may  be  equitable  and  just,  and  he  shall  give 
the  owner  thereof  a  certificate  of  the  whole  weight  of  the  same  after  de- 
ducting the  amount  so  abated  for  impurity  which  shall  be  deemed  and 
taken  to  be  the  quantity  for  which  the  vendor  shall  be  entitled  to  demand 
payment  of  the  purchaser.    (January  7,  1861.) 

546—  Weigh  master  to  weigh  coal 

Sec.  546.  From  and  after  the  passage  of  this  ordinance,  it  shall  be 
the  duty  of  the  Weighmaster  of  the  City  of  Canton,  Ohio,  whenever  com- 
plaint is  made,  or  he  has  reason  to  suspect  that  any  person  or  persons 
within  the  city  are  selling  coal  short  of  the  proper  measure  or  weight, 
to  require  such  person  or  persons  to  measure  or  weigh  their  coal  in  his 
presence,  either  upon  the  scales  of  the  person  or  persons  so  selling  or  upon 
the  scales,  or  by  the  measures  of  the  city.  And  he  is  hereby  authorized 
to  enter,  at  all  reasonable  times,  the  yard  or  place  where  coal  is  sold  or 
weighed,  for  the  purpose  of  inspection  of  the  measures  and  weights  afore- 
said. And  if  at  any  time  he  shall  detect  any  person  or  persons  selling,  or 
offering  for  sale,  coal  at  short  weight,  he  shall  enter  complaint  thereot 
before  the  Mayor  against  such  person  or  persons.    (March  30,  1896.) 

547—  May  cause  scales,  etc.,  to  be  inspected— May  destroy  false  weights  and 
measures— Penalty. 

Sec.  547.  In  the  event  that  said  Weighmaster  shall  deem  best,  he 
may  cause  the  scales,  weights,  measures,  implements  or  appliances  used 
in  the  measuring  or  weighing  of  coal  of  any  person  or  persons  to  be 
inspected  by  the  sealer  and  inspector  of  weights  and  measures  as  in  the 
manner  provided  by  the  sections  of  revised  ordinances  of  the  City  ot 
Canton,  now  in  force,  and  in  the  event  said  scales,  weights,  measures,  im- 
plements or  appliances  for  measuring  or  weighing  coal,  be  found  to  be 
incorrect,  then  the  same  shall  not  be  used  in  weighing  or  measuring  coal 
until  the  same  are  properly  adjusted  and  stamped  by  the  sealer  of  weights 
and  measures  as  provided  by  section  537  of  the  revised  ordinances  of  said 
city,  and  in  the  event  that  any  person  or  persons  shall  knowingly  use,  or 
keep  for  use,  any  scales,  implements  or  appliances  for  the  measuring  or 


184 


REVISED  ORDINANCES 


weighing  of  coal,  which  are  imperfect  or  liable  to  indicate  false  or  in- 
accurate weights  or  measures  or  which  do  not  conform  to  the  standard 
established  by  law,  then  said  weighmaster  shall,  upon  information  being 
had  of  such  fact,  seize  and  destroy  the  same  to  the  extent  that  said  weights, 
measures,  implements  and  appliances  cannot  again  be  used  for  the  pur- 
pose aforesaid,  and  when  so  destroyed,  he  shall  cause  the  same  to  be  sold 
at  private  sale  by  said  weighmaster,  and  that  after  deducting  the  expense 
of  said  sale,  including  his  fees  as  hereinafter  provided,  the  balance  of  the 
proceeds  arising  therefrom  shall  be  paid  to  the  Treasurer  of  the  City  of 
Canton,  and  be  by  him  deposited  in  the  Treasury,  and  in  the  event  said 
weighmaster  shall  fail  or  refuse  to  perform  any  or  all  of  the  duties  im- 
posed upon  him  prescribed  by  this  and  the  next  preceding  section  of  this 
ordinance,  he  shall,  upon  conviction  thereof  before  the  Mayor,  be  fined 
in  any  su?mi  not  exceeding  fifty  dollars  and  costs  and  he  shall  forfeit  his 
office.    (March  30,  1896.) 

548— Coal  wagons  to  be  weighed  and  marked— Penalty. 

Sec.  548.  Any  wagon,  cart  or  vehicle  used  for  the  transportation  and 
sale  of  coal  in  the  City  of  Canton  shall  be  weighed  by  the  weighmaster 
of  said  city,  who  shall,  on  application  cause  every  wagon,  cart  or  vehicle 
so  used  for  the  transportation  of  coal  for  sale,  to  be  weighed  and  num- 
bered, and  he  shall  keep  a  record  of  the  weight  and  number  of  said  wagon, 
cart  or  vehicle,  as  well  as  the  name  and  residence  of  the  owner  of  the  same 
at  his  office,  and  every  such  wagon,  cart  or  vehicle  shall  be  marked  by 
the  owner  with  white  paint  in  plain  figures  not  less  than  and  one-half  of  an 
inch  long  on  its  left  side,  indicating  the  weight  and  number  of  the  same. 
Every  person  transporting  and  delivering  coal  for  sale  shall  be  in  posses- 
sion of  a  certificate  signed  by  the  dealer  or  his  or  her  agent,  stating  the 
weight  of  the  coal  with  the  name  and  residence  of  the  person  or  persons 
to  whom  said  coal  is  to  be  delivered.    (June  18,  1906.) 

Any  person  or  persons  violating  any  of  the  provisions  of  the  next 
preceding  three  sections  shall  Upon  conviction  thereof  before  the  Mayor 
be  fined  in  any  sum  not  exceeding  fifty  dollars  or  imprisonment  in  the 
workhouse  for  a  period  not  exceeding  thirty  days  or  both  at  the  discretion 
Of  the  Mayor.    (March  30,  1896.) 


CHAPTER  XXXVIII. 


WATER  WORKS. 


Section. 

549.  I,ocation  of  water  works. 

550.  Rights  to  be  appropriated. 
551     Duty  of  City  Solicitor. 

552.    Unlawful  to  pollute  Meyers  L,ake  and  Race. 


Section. 

553.  Penalty. 

554.  Unlawful  to  bath  in  water  works  reservoir. 


Penalty. 
555.    Interest  and  sinking  fund. 


549— Location  of  water  works. 

Section  549.  The  body  of  water  known  as  Myers  Lake  shall  be 
used  as  the  source  of  supply,  and  that  the  water  be  carried  from  the  Lake 
to  the  city  over  the  line  described  as  follows :  Commencing  for  the  initial 
point  at  the  intersection  of  the  middle  line  of  Tuscarawas  Street  and 
Market  Street  in  the  Public  Square,  thence  running  north  seventy-five  (75 
degrees)  degrees  by  the  magnetic  meridian  two  thousand  four  hundred 
and  ten  feet  and  eighteen  hundredths  of  a  foot  (2410.18),  thence  by  a  curve 
to  the  right  on  a  radius  of  fourteen  hundred  and  thirty-three  feet  (1433)  a 
distance  of  three  hundred  and  nine  feet  and  fifty-eight  hundredths  of  a 
foot  (309.58),  thence  on  a  tangent  to  said  curve  north  sixty-two  degrees  and 
forty-five  minutes  (62  degrees  and  45  minutes)  west  to  a  distance  of  three 
thousand  three  hundred  and  sixty-two  feet  and  forty-three  hundredths 
of  a  foot  (3,362.43),  thence  on  a  curve  to  the  right  on  a  radius  of  two 
hundred  and  forty  and  five-tenths  of  a  foot  (240.5)  a  distance  of  one  hun- 
dred and  thirty-two  feet  and  thirty-five  hundredths  of  a  foot  (132.35),  west 
one  thousand  six  hundred  and  fifty-five  feet  and  twelve  hundredths  of 
a  foot  (1,655.12),  thence  on  a  curve  to  the  left  on  a  radius  of  four  hundred 
and  seventy-eight  feet  and  three  hundredths  of  a  foot  (478.03)  a  distance  of 
two  hundred  and  seventy-four  feet  and  fifty-three  hundredths  of  a  foot 
(274.53),  thence  on  a  tangent  north  sixty-four  degrees  and  fifteen  minutes 
(64  degrees  15  minutes),  west  a  distance  of  nine  hundred  and  sixteen  feet 
and  thirty-three  hundredths  of  a  foot  (916.33),  thence  on  a  curve  to  the 
left  on  a  radius  of  one  thousand  four  hundred  and  thirty-three  feet  (1433) 
a  distance  of  one  hundred  and  fifty-six  and  seventy-seven  hundredths 
feet  (156.77),  thence  on  a  tangent  north  seventy-one  degrees  and  fifteen 


186 


REVISED  ORDINANCES 


minutes  (71  degrees  15  minutes)  west  a  distance  of  two  thousand  one 
hundred  and  seventy-seven  feet  and  sixteen  hundredths  of  a  foot  (2177.16), 
thence  by  a  curve  to  the  right  on  a  radius  of  two  thousand  eight  hundred 
and  sixty-five  feet  (2865)  a  distance  of  seven  hundred  and  ninety-eight 
feet  (798),  thence  on  a  tangent  north  fifty-three  degrees  and  twenty-five 
minutes  (53  degrees  25  minutes)  west  a  distance  of  two  hundred  and  fifty- 
two  feet  and  fifteen  hundredths  of  a  foot  (252.15),  thence  on  a  curve  to  the 
right  on  a  radius  of  two  hundred  and  eighty-seven  feet  and  nine-tenths  of  a 
foot  (287.9)  a  distance  of  one  hundred  and  ninty-four  feet  and  ninety- 
seven  hundredths  of  a  foot  (194.97),  thence  on  a  tangent  north  sixteen 
degrees  and  thirty  minutes  (16  degrees  30  minutes)  west  a  distance  of 
two  hundred  and  sixty-three  feet  (263),  thence  on  a  compound  curve, 
first  to  the  left  with  a  radius  of  seven  hundred  and  sixteen  feet  and  eight- 
tenths  of  a  foot  (716.8)  a  distance  of  one  hundred  and  seventy-two  feet  and 
thirty-seven  hundredths  of  a  foot  (172.37),  thence  to  the  left  with  a  radius 
of  three  hundred  and  fifty-nine  feet  and  three  hundredths  of  a  foot  (359.03) 
a  distance  of  one  hundred  and  seventy-two  feet  and  thirty-eight  hun- 
dredths of  a  foot  (172.38),  thence  on  a  tangent  north  sixty-six  degrees  and 
thirty  minutes  (66  degrees  30  minutes)  west  a  distance  of  fifty  feet  and 
thirty-seven  hundredths  of  a  foot  (50.37)  to  a  point  on  the  lake  shore  at 
low  water  mark,  all  courses  being  run  by  the  magnetic  meridian.  Also 
that  a  reservoir  be  built  within  its  center  thirty  feet  south  of  a  point  on 
said  line,  which  is  six  thousand  one  hundred  and  eighteen  and  twenty-four 
hundredths  of  a  foot  (6118.24),  from  the  initial  point.  (October  5,  1868.) 
550— Rights  to  be  appropriated. 

Sec.  550.  In  order  to  construct  said  works  it  is  deemed  necessary 
to  appropriate,  enter  upon  and  take  the  following  described  rights,  ease- 
ments, water  privileges,  and  lands  to-wit : 

First,  the  right  to  draw  from  said  lake  such  quantities  of  water  as 
may  be  needed  for  the  present  and  future  supply  of  said  city. 

Second,  the  right  to  construct,  keep  in  repair  and  control  a  dam  at 
the  outlet  of  said  iake,  in  such  manner  as  to  be  able  when  necessary  for 
the  supply  of  said  city,  or  to  increase  the  same,  which  shall  be  under  the 
surface  of  the  lake  with  a  sluice  in  the  same,  which  shall  be  under  the 
sole  control  of  the  proper  authorities  of  said  city. 

Third,  the  right  and  privilege  of  raising  the  surface  of  said  lake 


WATER  WORKS 


187 


when  necessary  for  the  aforesaid  purpose,  two  feet,  with  a  right  to  flow- 
adjacent  lands  to  an  extent  necessary  for  that  purpose. 

Fourth,  the  right  to  enter  at  any  times  said  lake  at  the  point  desig- 
nated at  the  end  of  said  line, so  far  and  in  such  direction  as  may  be 
proper  for  the  laying  down,  constructing,  repairing,  replacing  or  con- 
trolling a  pipe,  acqueducts,  filters  or  other  appliances  and  fixtures  proper 
for  the  obtaining  and  purifying  of  water. 

Fifth,  the  right  to  enter  upon  the  lands  through  which  the  line 
described  in  section  I  of  this  chapter  runs  and  lay  down  along  said  line 
such  water  pipes  and  acqueducts  as  may  be  deemed  proper  for  the 
carrying  of  said  water  to  the  city,  with  such  drains,  valves,  air  vents  and 
other  suitable  appliances,  with  the  right  and  privilege  at  any  time  of 
entering  upon  such  lands  for  the  purpose  of  examining,  repairing,  re- 
placing or  rebuilding,  cleaning,  or  controlling  such  acqueducts,  pipes 
and  attachments.  Provided,  however,  that  all  such  rights  and  privileges 
shall  be  used  and  exercised  in  such  proper  and  reasonable  manner  as  not 
to  interfere  in  the  least  manner  with  the  ordinary  occupation  and  use  of 
such  lands  by  the  owner  thereof,  which  ordinary  occupation  and  use  of 
such  lands  shall  be  held  to  remain  in  the  owner  of  the  same,  but  in  no 
manner  to  interfere  with  the  proper  and  reasonable  use  and  exercise  of 
the  rights,  privileges  and  easements  hereby  appropriated  for  the  use  of 
the  water  works. 

Sixth,  the  sole  use  and  occupation  of  a  piece  of  ground  of  circular 
form<  with  a  radius  of  two  hundred  and  ten  feet,  with  a  center  thirty  feet 
south  from  a  point  on  the  aforesaid  line  six  thousand  one  hundred  and 
eighteen  feet  and  twenty-four  hundredths  of  a  foot  (6118.24)  from  the 
initial  point,  upon  which  to  construct  a  reservoir.    (October  5,  1868.) 

551—  Duty  of  City  Solicitor. 

Sec.  551.  The  City  Solicitor  be  and  he  is  hereby  directed  to  institute 
and  prosecute  in  the  name  of  the  City  Council  such  legal  proceedings 
in  a  court  of  competent  jurisdiction  as  may  be  proper  and  necessary  to 
effect  the  appropriation  of  the  aforementioned  rights,  privileges,  ease- 
ments and  lands.    (October  5,  1868.) 

552—  Unlawful  to  pollute  Meyer's  lake  or  race. 

Sec.  552.  It  is  hereby  made  unlawful  for  any  person  to  place,  or 
cause  to  be  placed  any  dead  or  decayed  animal  matter,  any  manure,  or 


188 


REVISED  ORDINANCES 


filth,  or  any  poisonous,  obnoxious,  rotten  or  impure  substance  in  the 
lake  known  as  Meyers  Lake  or  the  race  leading  to  the  water  works, 
wheel  house,  or  the  water  works  dam,  or  in  or  near  any  of  the  pipes  be- 
longing to  the  water  works  within  or  without  the  city  or  to  place  or  to 
cause  to  be  placed  any  such  matter  or  substance  upon  the  banks  of  such 
lake,  race  or  dam  or  so<  near  the  same  that  the  water  falling  on  or  over 
or  flowing  from  the  said  matter  or  substance  shall  flow  into  such  lake, 
race  or  dam  or  into1  any  such  pipe.    (October  4,  1870.) 

553—  Penalty. 

Sec.  553.  Any  person  who  shall  violate  the  last  preceding  section 
shall  be  liable,  upon  conviction  before  the  Mayor,  to  suffer  and  pay  a 
fine  of  not  less  than  fifty  dollars,  and  not  more  than  two  hundred  dollars, 
and  the  costs  of  prosecution,  and  as  an  additional  penalty,  in  case  he  fail 
to  remove,  on  notice,  shall  also  pay  the  costs  of  removing  the  same,  and 
that  the  person  so  found  guilty  shall,  at  the  discretion  of  the  Mayor,  be 
imprisoned  in  the  City  prison  and  fed  on  bread  and  water  until  the  fine 
and  costs  are  paid  or  otherwise  discharged  according  to  law.  (October 
24,  1870. 

554—  Unlawful  to  bathe  in  water  works  reservoir— Penalty. 

Sec.  554.  It  is  hereby  declared  unlawful  for  any  person  to  bathe 
or  swim  in  the  water  works  reservoir,  the  water  works  race  or  the 
water  works  dam,  and  any  person  who  shall  violate  this  section  shall 
suffer  and  pay  a  fine  of  not  less  than  one  dollar  or  more  than  five  dollars 
or  shall  be  imprisoned  one  day  or  shall  suffer  both  fine  and  imprisonmnent. 
(July  8,  1872.) 

555—  Interest  and  sinking  fund. 

Sec.  555.  The  sum  of  Twenty-five  Thousand  Dollars  shall  be  taken 
from  the  net  earnings  of  the  water  works  department  of  the  City  of  Canton 
per  annum  in  equal  monthly  installments,  and  transferred  to  a  special 
fund  to  be  known  as  the  "Water  Works  Interest  and  Sinking  Fund,"  to 
be  used  only  for  the  payment  of  interest  upon  bonds  heretofore  issued 
for  water  works  purposes,  and  now  outstanding,  or  which  may  be  here- 
after issued  for  such  purposes.  The  surplus,  after  payment  of  such  inter- 
est shall  be  applied  to,  the  payment  of  the  principal  of  such  bonds,  under 
direction  of  the  trustees  of  the  sinking  fund  of  said  city.    (June  13,  1904.) 


CHAPTER  XXXIV. 


REPEAL  AND  SAVING  CLAUSE. 


Section. 

556.  Repeals  of  ordinances. 

557.  Saving  clause. 


Section. 

558.    When  to  take  effect. 


556—  Repeals  of  ordinances. 

Section  556.  All  the  general  ordinances  of  the  City  of  Canton,  or 
parts  thereof,  so  far  as  they  conflict  or  are  inconsistent  with  the  provisions 
of  this  ordinance  and  the  laws  of  the  State  of  Ohio,  be  and  the  same  are 
hereby  repealed. 

557—  Saving  clause. 

Sec.  557.  The  repeal  of  the  foregoing  ordinances  or  parts  of  ordi- 
nances, or  the  change  in  the  numbering  of  any  chapter  or  chapters  or 
sections  included  in  these  ordinances,  shall  not  affect  any  right,  property 
or  claim  which  was  vested  in  the  City  of  Canton,  or  any  act  done  or  right 
accruing  or  accrued,  or  established,  or  any  suit,  action,  or  proceeding  had 
or  commenced  in  any  civil  case  before  the  time  when  said  repeal  shall  take 
effect;  nor  shall  said  repeal  affect  any  offense  committed  or  any  penalty  or 
forfeiture  incurred  or  any  suit  or  prosecution  pending  at  the  time  when 
said  repeal  shall  take  effect  under  any  of  the  ordinances  or  parts  of  ordi- 
nances so  repealed. 

558—  When  to  take  effect. 

Sec.  558.    This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  the  earliest  period  allowed  by  law. 
Passed  June  18,  1906. 

GEO.  H.  LEGGETT, 

President  of  the  Council. 

Attest : 

C.  C.  LOYD, 

Clerk  of  the  Council. 

Approved  June  25,  1906, 
A.  R.  TURNBULL, 

Mayor  of  the  City  of  Canton. 


SPECIAL  ORDINANCES 


192 


REVISED  ORDINANCES 


AN  ORDINANCE 

Granting  to  the  Canton  Street  Railway  Company  the  right  to  construct, 
maintain  and  operate  a  Street  Railway  upon  certain  streets  in  the 
City  of  Canton,  and  prescribing  the  terms  and  conditions  upon  which 
the  same  shall  be  done  under  such  grant. 

Whereas,  The  Canton  Street  Railway  has  made  due  application  in 
writing  to  the  City  Council  of  the  City  of  Canton,  therein  asking  said 
Council  to  grant  the  right  and  privilege  of  locating,  constructing,  main- 
taining and  operating  upon  certain  streets  a  Street  Railway,  and  due 
notice  of  which  application  having  been  given  by  the  Clerk  of  the  corpora- 
tion in  one  of  the  daily  papers  published  and  in  general  circulation  within 
the  said  corporation  for  the  period  of  three  weeks ;  and, 

Whereas,  Said  Company  has  obtained  the  written  consent  of  a 
majority  of  the  property  holders  upon  each  street  or  part  of  street  or 
streets  on  the  line  of  the  proposed  Street  Railway  represented  by  the 
feet  front  of  the  property  abutting  on  the  several  streets  along  which  such 
road  is  proposed  to  be  constructed.    Now,  therefore, 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton. 
Ohio,  that  the  Canton  Street  Railway  Company,  their  successors  and 
assigns,  be  and  the  same  are  hereby  granted  the  right  to  locate,  construct, 
maintain  and  operate  a  Street  Railway  for  carrying  passengers,  baggage 
and  luggage  on  Plum  Street  in  said  city  from  the  north  line  of  North 
street  to  Mill  street ;  on  Market  street  from  the  north  line  of  North 
street  southwardly  through  the  Public  Square  to  the  corporation  line ; 
on  Cherry  street  from  the  north  line  of  North  street  southwardly  to 
Charles  street ;  on  North  street  from  the  west  line  of  Plum  street  to  the 
east  line  of  Cherry  street ;  on  Poplar  street  from  the  south  line  of  North 
street  to  Cleveland  avenue ;  thence  along  said  avenue  to  the  corporation 
line ;  on  Third  street  from  the  west  line  of  Cherry  street  to  Mahoning 
street ;  thence  along  Mahoning  street  northeastwardly  to  the  corpora- 
tion line ;  on  Tuscarawas  street  from  the  west  corporation  line  through 
the  Public  Square  to  east  corporation  line  of  said  city.  For  and  during 
the  term  of  twenty-five  (25)  years  from  the  taking  effect  of  this  ordi- 
nance ;  provided,  however,  that  such  grant  is  made  upon  the  express 


SPECIAL  ORDINANCES 


193 


condition  that  said  Company,  its  successors  and  assigns,  shall  from  time 
to  time  during  said  term  fully  comply  with  all  and  singular  the  require- 
ments and  conditions  contained  in  the  next  succeeding  sections  of  this 
ordinance  as  therein  expressed. 

Sec.  2.  The  said  Company,  their  successors  and  assigns  shall  com- 
mence the  location  and  construction  of  one  or  more  of  said  roads  within 
six  months  from  time  of  the  taking  effect  of  this  ordinance,  and  shall 
have  at  least  two  (2)  miles  of  track  including  side  tracks  completed  and  in 
full  operation  within  the  present  existing  corporation  limits,  on  or  before 
April  25,  1885. 

Sec.  3.  That  all  tracks  laid  and  constructed  by  the  Canton  Street 
Railway  Company,  their  successors  and  assigns  in  any  or  all  of  the  said 
streets  between  the  points  named,  shall  be  laid  as  near  the  center  of  the 
street  as  practicable ;  to  be  of  uniform  width  throughout  the  city.  The 
width  of  the  track  proper  to  be  of  a  gauge  not  more  than  four  (4)  feet 
eight  and  one-half  (8  1-2)  inches,  nor  less  than  three  (3)  feet,  six  (6)  inches, 
and  the  top  surface  of  the  rails  to  be  so  laid,  and  such  rail  used,  and  laid 
as  to  be  no  impediment  to<  the  ordinary  use  of  such  street  or  streets,  by 
wagon  and  carriages.  The  space  between  such  rails  and  for  a  distance  of 
eighteen  inches  beyond  and  outside  surface  of  the  rails  on  either  side  of 
the  the  track  shall  be  filled  with  a  bed  of  pounded  stone  or  other  good 
and  suitable  materials  to  the  depth  of  at  least  six  inches  in  thickness ; 
and  the  top  surface  thereof  to  be  covered  over  with  a  good  substantial 
coat  of  clean  gravel ;  provided,  that  upon  any  or  all  paved  or  macadamized 
streets  used,  the  paving  or  other  material  displaced  in  constructing  such 
road  shall  again  be  properly  replaced  by  such  grantees  to  such  grade, 
style  and  manner  as  it  previously  existed,  or  as  the  Council  may  then  or 
thereafter  provided  for  by  ordinance.  And  such  filling,  paving  or  macadam- 
izing between  the  rail  and  eighteen  inches  beyond  on  either  side  of  track 
shall  be  maintained  by  and  kept  in  good  condition  and  repair  during  such 
term  hereby  granted  by  said  grantees. 

Sec.  4.  That  said  Railway  Company,  their  successors  and  assigns, 
may  construct,  operate  and  maintain  in  addition  to  their  main  tracks 
upon  said  streets,  all  such  switches,  passways  and  turning  tracks  which 
may  be  reasonably  proper.    But  the  manner  of  location  of  the  same  and 


194 


REVISED  ORDINANCES 


the  places  of  their  location,  shall  be  made  subject  to  the  approval  of  the 
Standing  Committee  on  streets  and  alleys  of  the  City  Council. 

Sec.  5.  Said  Company,  their  successors  and  assigns,  shall  keep  their 
said  roads,  tracks,  cars  and  other  equipments  belonging  to  such  railways 
in  good  order,  repair  and  safe.  And  place  on  the  road,  cars  of  good  con- 
struction, with  latest  improvements  for  the  convenience  and  comfort  of 
passengers,  and  run  them  under  such  reasonable  directions  as  the  City 
Council  may  from  time  to  time  prescribe.  The  cars  thereon  to  be  oper- 
ated or  drawn  by  horses  or  mules. 

Sec.  6.  Said  Company,  their  successors  and  assigns,  may  require 
each  passenger  on  the  cars  of  said  Company,  etc.,  to  pay  in  advance  a  fare 
of  not  over  five  cents,  or  if  less  than  ten  years  of  age,  not  more  than  three 
(3)  cents  for  riding  in  said  cars  one  continuous  trip  from  any  point  of  said 
line  of  said  Street  Railway  to  another  point  to  be  designated  by  such 
passenger ;  provided,  that  the  passenger  so  required  to  pay  fare,  and 
paying  same  shall  be  transported  from  point  to  point  with  reasonable  - 
dispatch,  and,  provided  further,  that  children  less  than  five  years  old, 
when  accompanied  by  parent  or  guardian,  shall  be  allowed  to  ride  free, 
and  provided  further,  that  said  Company,  etc.,  shall  be  allowed  to  charge 
double  fare  between  the  hours  of  11  o'clock  P.  M.  and  5  o'clock  A.  M. 
Such  Company  may  collect  fees  as  soon  as  one-half  mile  of  main  track 
of  such  road  is  constructed  and  in  full  operation. 

Sec.  7.  The  City  of  Canton  shall  not  be  liable  to  the  Canton  Street 
Railway  Company,  their  successors  and  assigns  for  damages,  which  they 
may  incur  from  the  breakage  of  any  sewer,  water  or  gas  pipe,  or  from  any 
delay  that  may  necessarily  occur  by  the  construction  of  sewers,  the  laying 
of  water  or  gas  pipes,  or  in!,  the  repair  of  either,  or  for  moving  buildings 
over  and  along  said  tracks,  or  from  any  other  delay  or  damage  that  may 
be  caused,  by  fire,  water,  grading,  or  change  of  grades,  or  improving  or 
repairing  streets  and  alleys.  All  rights  vested  in  the  City  Council,  Trus- 
tees of  Waterworks  or  Gas  Companies  in  respect  to  the  care  or  improve- 
merits  of  the  streets  or  highways,  sewers,  culverts,  drains  and  the  laying 
of  water  or  gas  pipes  in  the  streets,  and  the  necessary  moving  of  buildings 
thereon  are  in  no  way  impaired  of  affected  by  any  privilege  that  may  be 
granted  to  any  individual  or  company.  But  the  rights  and  privileges 
granted  by  this  ordinance  to  said  Company,  their  successors  and  assigns, 


SPECIAL  ORDINANCES 


195 


shall  be  and  the  same  are  hereby  made  subject  thereto.  And  said  Com- 
pany, their  successors  and  assigns  shall  be  liable  for  any  loss  or  injury 
that  any  perons  may  sustain  by  reason  of  any  negligence,  carelessness 
or  misconduct  of  the  officers,  agents,  servants,  or  employes  in  the  man- 
agement, construction  or  use  of  its  tracks,  cars  or  other  machinery.  And 
said  Company,  their  successors  and  assigns  shall- indemnify  and  hold  the 
city  harmless  from  damages  that  may  be  claimed  by  property  holders  01 
any  person  or  persons  on  account  of  the  laying  of  the  tracks  or  in  the  use 
or  by  reason  thereof,  or  by  running  cars  thereon ;  provided,  that  whenevei 
said  city  or  any  such  company,  board  or  person  shall  for  any  of  the  pur- 
poses aforesaid  in  the  exercise  of  the  rights  aforesaid  find  it  necessary  to 
remove  or  displace  temporarily  the  roadbed,  ties  or  tracks  of  said  Railway 
Company,  said  city  board,  company  or  person  in  the  exercise  of  such 
right,  shall  do  as  little  damage  as  possible  thereto,  and  shall  replace  uic 
roadbed,  ties  or  tracks  aforesaid  without  unnecessary  delay. 

Sec.  8.  That  cars  shall  be  entitled  to  the  track,  and  any  vehicle 
upon  the  track  shall  turn  off  from  it  when  required  for  the  passage  of 
such  cars,  so  as  to  leave  it  unobstructed.  And  the  driver  of  any  vehicle 
refusing  so  to  do  shall  be  fined  before  the  Mayor  of  the  City  of  Canton, 
not  less  than  five  dollars  nor  more  than  twenty-five  dollars  and  costs. 
All  fines  to  be  paid  into  the  City  Treasury.  Provided,  that  a  reasonable 
time  shall  be  allowed  for  the  removal  of  buildings  or  any  other  large  or 
heavy  loads  under  the  permit  of  the  proper  city  authorities. 

Sec.  9.  Be  it  further  ordained  that  the  Canton  Street  Railway  Com- 
pany, their  scccessors  and  assigns,  shall  observe  the  following  specific 
conditions  in  running  the  cars,  and  such  other  reasonable  conditions  as 
may  hereafter  from  time  to  time  be  prescribed  by  the  City  Council. 

First — While  the  cars  are  turning  the  corners  from  one  to  another, 
the  horses  or  mules  shall  not  be  driven  faster  than  a  walk. 

Second — No  cars  shall  stop  on  street  crossings,  or  either  of  them,  or 
walk,  nor  in  front  of  any  intersecting  street  except  to  avoid  collisions  or 
damage  to  person  or  property,  nor  shall  any  car  be  left  standing  on  the 
streets  unless  attached  and  waiting  for  passengers. 

Third — When  a  car  is  stopped  at  the  intersection  of  streets  to  re- 
ceive or  unload  passengers,  it  shall  be  so  as  to  leave  the  rear  platform 
slightly  over  the  crossing. 


196 


REVISED  ORDINANCES 


Fourth — Conductors  and  drivers  shall  be  vigilant  in  the  avoidance 
of  all  damages  to  persons  and  teams,  and  when  necessary  the  car  shall 
be  stopped  in  the  shortest  possible  time. 

P'ifth — From  dusk  in  the  evening  every  car  shall  be  provided  with  a 
suitable  signal  light  at  each  end  of  each  car,  and  at  all  ti)mes  there  shall 
be  a  small  bell  attached  to  the.  harness  of  one  horse  or  mule  drawing  each 
car. 

Sec.  10.    This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 
Passed  March  31,  1884. 


AN  ORDINANCE 

Granting  the  right  of  way  to  Percy  S.  Sowers,  his  assigns  and  successors, 
to  construct,  operate  and  maintain  a  Street  Railroad  from  Canton, 
Ohio,  to  Myer's  Lake. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 
Ohio,  That  Percy  S.  Sowers,  his  assigns  and  their  successors,  be  and  are 
hereby  granted  the  right  to  construct,  operate  and  maintain  a  Street 
Railroad  together  with  all  necessary  switches,  passways  and  curves,  for 
carrying  passengers,  baggage  and  freight  from  the  west  line  of  the  city 
limits  o£  the  City  of  Canton,  Ohio,  where  said  west  line  is  intersected  by 
West  Tuscarawas  street ;  thence  along  the  Massillon  road  westwardly  to 
a  point  two  hundred  (200)  feet  west  of  the  quarter  section  line  that  runs 
northwardly  between  the  lands  of  John  Smith's  and  Henry  Werts  in 
section  seven  (7)  Canton  Township ;  but  curving  northwardly  about  one 
hundred  and  eighty  (180)  feet  east  from  said  point  to,  along  and  through 
the  easterly  side  of  the  lands  of  Henry  Werts  in  the  northeast  quarter 
section  seven  (7)  and  southeast  quarter  secton  six  (6)  to  the  lands  of 
Catherine  C.  Meyer;  thence  along  and  through  said  lands  situate  in  the 
southeast  and  northeast  quarters  of  section  six  (6)  and  in  the  northwest 
and  southwest  quarters  of  section  five  (5)  to  the  lands  of  Henry  C.  Meyer 
in  the  northeast  quarter  of  section  six  (6)  and  northwest  quarter  section 
five  (5)  ;  thence  along  through  said  lands  to  the  land  jointly  owned  by 
K.  J.,  G.  W.,  Meyer  and  H.  C.  Meyer,  in  the  northeast  quarter  of  section 


SPECIAL  ORDINANCES 


197 


six  (6)  in  Canton  Township,  of  Stark  County,  O.,  to  the  end  of  the  line 
surveyed  by  Harry  C.  Frease  in  March,  1885,  for  the  route  of  said  rail- 
road, and  for  which  leases  of  the  right  of  way  were  duly  executed  and 
delivered  to  said  Percy  S.  Sowers  by  said  Werts  and  Meyers,  and  wherein 
said  route  is  particularly  described,  said  grant  to  be  for  and  during  the 
term  of  twenty-five  (25)  years  from  the  date  thereof. 

Sec.  2.  The  tracks  of  said  Street  Railroad  shall  be  of  said  width  as 
said  Percy  S.  Sowers,  his  successors  and  assigns  shall  determine,  but  in 
no  event  to  be  less  than  three  (3)  feet  six  (6)  inches,  nor  more  than  four  (4) 
feet  eight  and  one-half  (8  1-2)  inches,  and  so  laid  as  to  obstruct  the  State 
road  as  little  as  may  be.  Where  the  said  tracks  will  come  within  the  limits 
of  the  pending  extension  of  the  city  they  shall  be  laid  as  near  the  center 
of  the  road  as  may  be  practicable,  and  beyond  the  limits  of  said  extension 
shall  be  laid  to  one  side  of  the  the  State  road,  but  not  so  as  to  obstruct 
the  flow  of  drainage  water  toward  the  west  Nimishillen  creek  and  said 
Street  Railroad  must  by  October  6,  1886,  be  constructed  to  the  said 
section  line. 

Sec.  3. — The  cars  of  said  Percy  ,S.  Sowers,  his  assigns  and  their  suc- 
cessors shall  take  precedence  over  the  vehicles,  persons  or  things  along 
said  line  of  Street  Railroad,  and  if  any  person  or  persons  shall  unneces- 
sarily obstruct  or  impede  the  construction  of  the  said  Street  Railroad,  or 
obstruct  or  impede  the  running  of  the  cars  on  the  tracks  of  said  Street 
Railroad,  such  person  or  persons  shall  be  fined  each  not  less  than  $5.00 
nor  more  than  $25.00  for  each  offense  by  an  officer  having  jurisdiction 
therein. 

Sec.  4.  Said  Percy  S.  Sowers,  his  assigns  and  their  successors,  may 
collect  as  fare  from  each  passenger  for  one  continuous  trip  in  the  same 
direction  on  the  same  car,  for  either  part  or  whole  of  said  route,  not  to 
exceed  ten  (10)  cents,  and  a  reasonable  charge  for  such  baggage  and 
freight  as  may  be  carried. 

Sec.  5.  Said  Percy  S.  Sowers,  his  assigns  and  their  successors,  may 
make  all  needful  and  proper  regulations  and  enforce  them,  as  to  the 
conduct  and  deportment  of  persons  and  the  payment  of  fare  while  on 
their  cars. 

Sec.  6.  That  the  grant  hereby  made  is  upon  the  express  condition 
that  said  Percy  S.  Sowers,  his  assigns  and  their  successors,  shall  at  all 


198. 


REVISED  ORDINANCES 


times  during  the  continuance  of  this  grant,  be  held  liable  for  all  obliga- 
tions incurred  in  the  establishment,  location,  construction  and  operation 
of  said  Street  Railroad,  as  well  as  for  all  damages  which  any  person  or 
persons  may  sustain  by  reason  of  any;  injury  to  either  person  or  property 
caused  by  the  unlawful  acts  or  negligence  of  the  said  Percy  S.  Sowers, 
his  assigns  and  their  successors  in  the  construction,  establishment  and 
operation  of  the  same. 

Sec.  7.  That  this  ordinance  take  effect  and  be  in  force  from  and 
after  its  passage  and  ten  days  publication. 

Passed  April  2,  1885. 


AN  ORDINANCE 

Granting  to  The  Canton  Street  Railway  Company  the  right  to  extend 
their  lines  on  part  of  Ninth  street  and  Railway  street  in  the  City  of 
Canton,  Ohio,  and  to  construct,  maintain,  and  operate  said  extension 
of  its  said  railway,  and  prescribing  the  terms  and  conditions  upon 
which  the  same  shall  be  done. 

Whereas,  The  Canton  Street  Railway  Company,  by  virtue  of  an  ordi- 
nance passed  by  this  Council  on  March  31,  1884,  has  constructed  and  is 
maintaining  and  operating  lines  of  street  railway  in  certain  streets  of  the 
City  of  Canton,  to-wit :  On  Tuscarawas  street  and  Market  street,  North 
street  and  Cleveland  avenue,  and  by  virtue  of  said  ordinance  is  about  to 
construct,  maintain  and  operate  a  line  of  street  railway  on  Cherry  street 
in  said  city  from  its  Tuscarawas  street  line  to  Tenth  street ;  and, 

Whereas,  Said  Company  has  made  an  application  in  writing  to  this 
Council  for  permission  to  extend  its  said  lines  from  the  center  of  Cherry 
street  eastwardly  along  Tenth  street  to  Railway  street  to  a  point  in  said 
street  opposite  the  east  end  of  the  Station  building  of  the  Pittsburg,  Fort 
Wayne  and  Chicago  Railway  Company;  also  from  a  point  in  the  ceme. 
of  Railway  street  southwardly  to  the  north  line  of  the  Station  grounds,  of 
st.id  Railroad  Company,  and  to  construct,  operate  and  maintain  such 
extension  ;  and, 

Whereas,  It  appears  that  the  consent  in  writing  has  been  obtained 
of  the  owners  of  more  than  one-half  of  the  feet  front  of  lots  and  lands 


SPECIAL  ORDINANCES  199 

abutting  on  the  streets  and  public  highways  along  which  it  is  proposed 
to  construct  the  said  extension  of  Said  street  railway,  and  said  consent  has 
been  produced  before  this  Council ;  and, 

Whereas,  It  appears  that  all  the  requirements  of  law,  in  respect  to 
such  extension  have  been  complied  with  and  the  Council  deems  that  such 
extension  will  be  beneficial  to  the  public.    Now,  therefore, 

Section  I.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
That  said  The  Canton  Street  Railway  Company,  its  successors  and  assigns, 
be  and  it  is  hereby  granted  the  right  to  construct,  maintain  and  operate 
an  extension  of  its  lines  of  railway  from  the  center  of  Cherry  street  east- 
wardly  along  Tenth  street  to  Railway  street ;  thence  northeastwardly 
along  Railway  street  to  a  point  opposite  the  east  end  of  the  Station  build- 
ing of  the  Pittsburg,  Fort  Wayne  and  Chicago  Railroad  company,  also 
from  a  point  in  the  center  of  Railway  street  southwardly  to  a  point  in  the 
north  line  of  the  Station  grounds  of  said  Railroad  Company,  opposite  the 
north  side  of  the  Station  buildings,  together  with  all  necessary  sidings, 
switches,  and  turnous,  but  said  extension  shall  be  constructed,  operated 
and  maintained  in  the  same  manner  as  is  the  present  line  of  said  Com- 
pany's Street  Railway  in  said  city,  and  all  the  provisions  of  the  above 
recited  ordinance  in  so  far  as  they  are  applicable,  shall  govern  said  Com- 
pany in  the  construction,  operation,  and  maintenance  of  said  extension, 
and  in  respect  to  its  said  extension  it  shall  have  all  the  rights,  privileges 
and  franchises  thereby  granted  it,  for  its  said  lines  of  railway  heretoiore 
constructed,  and  the  terms  and  provisions  of  said  ordinance  in  so  far  as 
the  same  are  applicable,  shall  govern  the  liablities,  obligations,  rights  and 
franchises  of  said  Company,  its  successors  and  assigns,  in  regard  to  such 
extension  in  the  same  manner,  as  if  the  said  extension  were  a  part  of  the 
original  line  of  said  Company's  Street  Railway,  constructed  heretofore, 
under  the  said  former  ordinance. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 

Passed  January  9,  1888. 


200 


REVISED  ORDINANCES 


AN  ORDINANCE 

Granting  to  The  Canton  Street  Railway  Company  the  right  to  extend 
their  track  on  Cleveland  Avenue  in  the  City  of  Canton  northwardly 
along  said  avenue  to  the  north  line  of  the  corporate  limits  of  said 
city,  and  from  thence  still  further  northwardly  along  the  line  of  said 
avenue  extended  and  known  commonly  as  "The  New  Berlin  Road," 
to  a  point  in  said  road  opposite  the  main  gate  of  the  German  Catholic 
Cemetery,  and  to  construct,  maintain  and  operate  said  extension  of 
its  said  railway  and  prescribing  the  terms  and  conditions  upon  which 
the  same  shall  be  done. 

Whereas,  The  Canton  Street  Railway  Company  by  virtue  of  an 
ordinance  passed  by  this  Council  on  March  31,  1884,  has  constructed 
and  is  maintaining  and  operating  lines  of  street  railway  in  certain  streets 
of  the  City  of  Canton,  to-wit :  Or*  Tuscarawas  street  from  West  Nimi- 
shillen  creek  bridge  eastwardly  near  to  the  east  branch  of  said  creek ;  also 
on  South  Market  street  and  North  Market  street ;  also  on  North  street 
and  on  Poplar  street  and  Cleveland  avenue  as  far  northwardly  as  Lake 
street ;  and 

Whereas,  Said  company  has  petitioned  this  Council  for  permission 
to  extend  its  said  Market  street  line  northwardly  from  its  present  ter- 
minus at  Lake  street,  along  Cleveland  avenue  to  the  north  line  of  the  cor- 
porate limits  of  this  city,  and  beyond  said  limits  northwardly  along  what 
is  commonly  known  as  "The  New  Berlin  Road"  to  a  point  opposite  the 
main  gate  of  the  German  Catholic  cemetery,  and  to  construct,  operate 
and  maintain  such  extension ;  and, 

Whereas,  Public  notice  of  the  application  of  said  company  has  been 
given  by  the  City  Clerk  by  notice  published  in  the  "Canton  Daily  Re- 
pository" for  three  weeks  immediately  after  August  17,  1886;  and, 

Whereas,  it  appears  that  the  consent  in  writing  has  been  obtained 
of  the  owners  of  more  than  one-half  of  the  feet  front  of  the  lots  and  lands 
abutting  on  the  street  and  public  highway  along  which  it  is  proposed  to 
construct  the  said  extension  of  said  street  railway,  and  said  consent  has 
been  produced  before  this  Council ;  and, 

Whereas,  It  appears  that  the  consent  in  writing  has  been  obtained 


SPECIAL  ORDINANCES 


201 


to  such  extension  has  been  complied  with  and  the  Council  deems  that  such 
extension  will  be  beneficial  to  the  public.    Now,  therefore, 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 
That  said  The  Canton  Street  Railway  Company,  its  successors  and  assigns, 
be  and  it  is  hereby  granted  the  right  to  construct,  operate  and  maintain 
an  extension  of  its  present  Market  street  line  of  railway,  from  its  presern 
northern  terminus  on  Cleveland  avenue,  at  Lake  street,  northwardly  from 
said  terminus  along  said  avenue  and  to  the  north  line  of  the  corporate 
limits  of  the  city,  and  from  thence  still  further  northwardly  along  the  line 
of  said  avenue  extended,  commonly  known  as  the  "New  Berlin  Road," 
to  a  point  in  the  center  thereof  opposite  the  main  gate  of  the  German 
Catholic  cemetery,  together  with  all  the  necessary  sidings,  switches  and 
turnouts,  but  said  extension  shall  be  constructed,  operated  and  main- 
tained in  the  same  manner  as  the  present  line  of  said  Company's  Street 
Railway  in  said  city,  and  all  the  provisions  of  the  above  recited  ordinance 
in  so  far  as  the  same  are  applicable,  shall  govern  said  company  in  the 
consctruction,  operation  and  maintenance  of  said  extension,  and  it  shall 
have  all  the  rights,  privileges  and  franchises  thereby  granted  to  it  in 
respect  to  its  line  of  railway  heretofore  constructed,  and  the  terms  and 
provisions  of  said  ordinance  in  so  far  as  the  same  are  applicable  shall 
govern  the  liabilities,  obligations,  rights  and  franchises  of  said  company, 
its  successors  and  assigns,  in  regard  to  such  extension,  in  the  same  manner 
as  if  the  said  extension  were  a  part  of  the  original  line  of  said  Company's 
Street  Railway  constructed  heretofore  under  said  former  ordinance. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 

Passed  September  13,  1886. 


202 


REVISED  ORDINANCES 


AN  ORDINANCE 
Amending  the  franchise  of  the  Canton  Street  Railway  Company,  repealing 
Section  three  of  the  Ordinance  granting  to  the  Canton  Street  Railway 
Company  the  right  to  construct,  maintain,  and  operate  a  street  rail- 
way upon  certain  streets  in  the  City  of  Canton,  and  prescribing  the 
terms  and  conditions  upon  which  the  same  shall  be  done  under  such 
grants. 

.Section  I.  Be  it  ordained  by  The  Council  of  the  City  of  Canton, 
Ohio,  That  all  tracks  laid  and  constructed  by  The  Canton  Street  Railway 
Company,  its  successors  and  assigns,  in  any  and  all  of  the  streets  or  parts 
of  streets  upon  which  they  have  been  granted  the  right  of  way,  shall  be 
laid  as  near  the  center  of  the  streets  or  parts  of  streets  as  practicable,  and 
be  of  uniform  width  throughout  the  city.  The  width  of  the  track  proper, 
shall  be  of  a  gauge  not  more  than  four  feet  eight  and  one-half  inches,  nor 
less  than  three  feet  six  inches,  and  the  rails  shall  be  so  laid  and  used  as 
to  be  no  impediment  to  the  ordinary  use  of  such  streets  or  parts  of  streets 
by  wagons  or  carriages. 

Sec.  2.  Upon  streets  which  are  unpaved,  and  so^  long  as  they  shall 
remain  unpaved,  the  space  between  the  rails,  and  for  a  distance  of  eighteen 
inches  beyond  the  outside  of  the  surface  of  the  rails  on  either  side  of  the 
track  shall  be  rilled  with  a  bed  of  pounded  stone  or  other  good  and  suit- 
able material  to  the  depth  of  at  least  six  inches,  and  the  top  surface  thereof 
shall  be  kept  covered  with  a  good  substantial  coat  of  clean  gravel. 

Sec.  3.  Whenever  the  City  Council  shall  cause  any  of  the  said 
streets  or  parts  of  streets  to  be  paved  with  gravel,  boulders,  fire-brick 
or  such  other  material  as  may  be  deemed  proper,  The  Canton  Street 
Railway  Company,  its  successors  and  assigns  shall  pay  so  much  of  the 
expense  thereof  as  may  be  necessary  to  pave  the  space  between  the  rails 
of  their  tracks  excluding  the  cost  of  paving  the  space  between  the  main 
tracks  and  the  switches,  upon  the  same  terms  and  conditions  as  may  be 
prescribed  for  the  abutting  property  holders. 

Sec.  4.  Whenever  The  Canton  Street  Railway  company,  its  suc- 
cessors and  assigns,  shall  lay  or  repair  any  track  upon  any  of  the  said 
streets  or  parts  of  streets  which  may  be  paved  or  macadamized,  the  paving 
or  other  material  displaced  in  laying  or  repairing  such  track  shall  again 


SPECIAL  ORDINANCES 


203 


be  properly  replaced  by  them  to  such  grade,  style,  and  manner  as  it  previ- 
ously existed,  or  as  the  Council  may  direct. 

Sec.  5.  The  filling,  paving,  and  macadamizing  as  herinbefore  pro- 
vided for,  shall  be  kept  in  good  condition  and  repair. 

Sec.  6.  Section  three,  of  the  ordinance  entitled  "An  ordinance  grant- 
ing to  The  Canton  Street  Railway  Company  the  right  to  construct,  main- 
tain and  operate  a  street  railway  upon  certain  streets  in  the  City  of  Can- 
ton and  prescribing  the  terms  and  conditions  upon  which  the  same  shall 
be  done  under  such  grant,"  is  hereby  repealed. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  and  after  it  shall  have  been  ac- 
cepted in  writing  by  The  Canton  Street  Railway  Company. 

Passed  February  4,  1889. 


AN  ORDINANCE 

Granting  to  The  Canton  Street  Railway  Company,  the  right  to  use  elec- 
tricity as  a  motive  power,  and  to  reconstruct  its  lines  of  street  rail- 
way for  that  purpose ;  also  to  lay  a  double  track  on  part  of  its  lines 
and  to  extend  the  time  of  its  franchises  and  to  amend  an  ordinance, 
passed  March  31,  1884,  entitled  "An  ordinance  granting  to  The  Can- 
ton Street  Railway  Company,  the  right  to  construct,  maintain,  and 
operate  a  street  railway,  etc.,  also  to  amend  an  ordinance,  passed 
September  13,  1886,  entitled  an  ordinance  granting  The  Canton  Street 
Railway  Company  the  right  to  extend  their  track  on  Cleveland  Ave- 
nue, etc.;  also  to>  amend  an  ordinance  passed  January  9th,  1888, 
entitled  an  ordinance  granting  to  The  Canton  Street  Railway  Com- 
pany the  right  to  extend  their  lines  on  part  of  Tenth  street  and  Rail- 
way street,  etc.,  also  to  amend  an  ordinance,  passed  February  4, 
1889,  amending  section  three  of  said  first  ordinance." 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
That  whereas,  The  Canton  Street  Railway  Company,  operating  the  lines 
of  Street  Railway  under  and  by  virtue  of  the  ordinances  above  referred 
to,  have  by  communication  to  the  City  Council  dated  January  21st,  1889, 
signified  its  willingness  and  desire  to  change  the  motive  power  upon  its 


204 


REVISED  ORDINANCES 


lines  of  street  railway ;  and  whereas,  there  is  a  desire  on  the  part  of  the 
people  of  the  said  city,  generally  for  a  more  convenient  and  rapid  mode  of 
transit,  and  that  an  electric  system  be  substituted  for  animal  power  for 
the  movement  of  cars ;  Therefore,  The  Canton  Street  Railway  Company, 
its  successors  and  assigns,  is  hereby  granted  permission  to  operate  its 
lines  of  street  railway  by  electricity,  and  for  that  purpose  it  is  granted  per- 
mission to  erect  and  maintain  wooden  poles  and  wires  and  the  necessary 
appliances  and  fixtures  for  conducting  currents  of  electricity  for  the  pur- 
pose of  transmitting  and  producing  power,  to  propel  and  operate  its  cars, 
upon  all  its  lines  of  street  railway  in  said  city  now  constructed,  and  upon 
such  as  it  may  hereafter  construct  and  operate  by  virtue  of  the  above 
mentioned  ordinances,  provided,  however,  that  the  electric  system  adopt- 
ed by  said  Company,  its  successors  and  assigns,  for  propelling  and  oper- 
ating their  cars,  shall  be  an  approved  system  and  provided  further  that  the 
Council  may  require  after  twelve  years  from  the  taking  effect  of  this 
ordinance,  the  said  Company,  its  successors  and  assigns  to  substitute  iron 
for  wooden  poles,  the  erection  of  such  poles  and  the  placing  of  wires 
thereon  shall  be  under  the  supervision  of  and  subject  to  the  control  of  trie 
City  Civil  Engineer,  such  poles  shall  not  be  over  twenty-five  feet  in 
height  above  the  ground,  shall  be  neat  and  regular  in  form,  shall  be 
painted  in  dark  color  and  shall  be  repainted  from  time  to  time  as  the  City 
Council  may  direct,  they  shall  be  set  one  hundred  and  twenty  feet  apart, 
except  where  otherwise  expressly  permitted  by  said  City  Civil  Engineer; 
such  poles  shall  be  placed  at  such  points  near  the  curb,  stone  as  shall  be 
designated  by  the  City  Civil  Engineer.  Should  it  be  necessary  in  the  prose- 
cution of  any  work  by  the  city,  that  such  poles  should  be  temporarily  re- 
moved, such  removal  shall  be  made  by  such  Company,  its  successors  and 
assigns,  at  its  own  cost  without  any  claim  for  damages  therefor,  on  the 
part  of  said  company,  its  successors  or  assigns.  Said  Street  Railway  Com- 
pany, its  successors  and  assigns,  shall  protect  the  wires  of  the  City's  Fire 
Alarm  System  from  contact  with  wires  of  said  Company,  its  successors 
and  assigns,  by  some  means  satisfactory  to  the  Chief  of  the  Fire  Depart- 
ment of  said  city,  and  they  shall  also  protect  all  telegraph  and  telephone 
wires,  from  contact  with  the  wires  of  said  Company,  its  successors  and 
assigns,  by  some  means  satisfactory  to  the  City  Civil  Engineer. 

Sec.  2.  Said  Company,  its  successors  and  assigns,  is  also  hereby 
granted  the  right  to  lav  double  track  upon  West  Tuscarawas  street  in  said 


SPECIAL  ORDINANCES 


205 


city,  in  place  of  single  track  now  maintained  by  it  on  the  said  part  of  said 
street,  said  double  track  shall  be  as  near  to  each  other  as  practicable,  and 
at  equal  distance  from  the  center  of  said  street,  where  the  same  may  be 
laid.  But  said  double  track  shall  not  be  constructed  until  in  the  opinion 
of  the  City  Council,  the  public  convenience  and  the  travel  on  said  street 
require  the  same. 

Sec.  3.  Said  Company,  its  successors  and  assigns,  shall  at  all  times 
conform  to  such  rules  and  regulations  as  may  from  time  to  time  be 
made  by  the  Council  as  to  the  rate  of  speed  it  may  run  its  cars ;  and  while 
the  cars  of  said  Company  are  in  motion,  or  about  to  start,  a  bell  shall  be 
sounded  at  such  time  as  may  be  necessary  to  warn  persons  of  danger. 

Sec.  4.  The  privilege  of  constructing  an  electric  system,  and  the 
operation  of  its  lines  as  hereinbefore  provided,  is  granted,  in  considera- 
tion of  the  improved  facilities  hereby  contemplated,  and  by  reason  thereof, 
and  also  on  account  of  the  large  expenditure  necessary  to  secure  the 
same,  the  franchises  heretofore  granted  to  said  Company  by  the  foregoing 
ordinance,  and  the  franchises  and  privileges  granted  to  said  Company,  its 
successors  and  assigns,  by  this  ordinance  shall  be  in  force  for  a  period 
of  twenty-five  (25)  years,  from  and  after  the  date  of  the  passage  of  this 
ordinance  and  of  its  taking  effect. 

Sec.  5.  Said  Railway  Company,  its  successors  and  assigns,  shall  at 
all  times  hereinafter  defend,  keep  harmless  and  indemnify  the  City  ot 
Canton  of  and  from  all  damages,  lawful  claims,  and  demands  for  injuries 
to  persons  or  property,  costs  and  expenses  to  which  said  City  may  be 
subjected  or  made  liable  by  any  proceeding  at  law  or  in  equity,  or 
otherwise  growing  out  of  the  grant  of  the  privileges  in  this  ordinance 
granted,  or  out  of  the  exercises  and  enjoyment  of  the  same  by  said  Com- 
pany. 

Sec.  6.  Said  Street  Railway  Copmany  shall  in  writing  accept  the 
permission  and  privileges  hereby  granted,  and  agree  to  comply  with, 
adopt  and  abide  with  all  the  provisions,  conditions  and  restrictions  upon 
which  the  same  are  granted,  within  thirty  days  after  passage  of  this  ordi- 
nance, and  shall,  within  said  time,  file  the  said  written  acceptance  with  the 
City  Clerk,  otherwise  this  ordinance  shall  be  null  and  void ;  and  such  accept- 
ance shall  be  deemed  an  agreement  on  the  part  of  said  Railway  Cofmpany 
with  said  city  to  perform  all  and  singular  the  matters  and  things  required 
by  said  company  to  be  by  it  performed  under  this  ordinance.  Should 


206 


REVISED  ORDINANCES 


said  Company,  its  successors  and  assigns,  fail  to  construct  and  begin  the 
operation  of  its  said  electric  system  within  one  year  after  the  date  01  cne 
taking  effect  of  this  ordinance,  then  it  shall  be  deemed  to  have  abandonee 
its  rights  to  have  its  said  franchises  extended  for  the  i  eriod  of  tweiicy- 
five  (25)  years  as  aforesaid,  and  in  respect  thereto  this  ordinance  shall  then 
be  deemed  null  and  void;  and  said  Company,  its  successors  and  assigns, 
shall  have  only  the  rights  and  franchises  granted  to  if,  which  are  in  fact 
granted  by  the  ordinance  first  above  referred  to. 

Sec.  7.  Whenever  the  City  Council  shall  cause  any  of  the  streets, 
or  parts  of  streets,  in  and  through  which  the  tracks  of  The  Canton  Street 
Railway  Company,  its  successors  and  assigns  now  or  may  hereafter  extend 
to  be  paved  with  gravel,  boulders,  fire  brick  or  such  other  material  as 
may  be  deemed  proper,  The  Canton  Street  Railway  Company,  its  suc- 
cessors and  assigns  shall  pay  so  much  of  the  expense  thereof  as  may  bt 
necessary  to  have  the  space  between  the  rails  of  their  tracks,  and  for  a 
distance  of  nine  inches  outside  the  rails  on  either  side  of  their  said  tracks 
and  the  space  between  the  main  tracks  and  switches  upon  the  same  terms 
and  conditions  that  may  be  prescribed  for  abutting  property  holders.  The 
provisions  of  this  section  shall  apply  to  the  improvements  of  all  streets 
and  parts  of  streets,  save  and  except  in  those  improvements  for  which  the 
contracts  have  already  been  let. 

Sec.  8.  All  the  provisions  of  the  four  ordinances  above  referred  to 
in  the  title  of  this  ordinance,  viz:  An  ordinance  passed  March  31,  1884, 
entitled  "An  ordinance  granting  to  the  Canton  Street  Railway  Compan)^ 
the  right  to  construct,  maintain  and  operate  a  street  railway,  etc.,"  also 
an  ordinance  passed  September  13,  1886,  entitled  "An  ordinance  granting 
to  The  Canton  Street  Railway  Company  the  right  to  extend  tneir  tracks 
on  Cleveland  avenue,  etc.,"  also  an  ordinance  passed  January  9,  1888, 
granting  to  The  Canton  Street  Railway  Company  the  right  to  extend  their 
lines  on  part  of  Tenth  street  and  in  Railway  street  in  said  city,  etc.,  also 
an  ordinance  passed  February  4,  1889,  amending  section  three  of  said 
ordinance,  passed  March  4,  1884,  which  are  inconsistent  with  the  terms 
and  provisions  of  this  ordinance  are  hereby  repealed,  but  the  same  shall 
be  restored  to  full  force  and  effect  in  case  said  Street  Railway  Company, 
its  successors  and  assigns,  should  abandon  and  forfeit  the  rights  hereby 
granted,  to-wit :  at  the  end  of  one  year  after  the  taking  effect  of  this 
ordinance. 

Passed  September  16,  1889. 


SPECIAL  ORDINANCES 


207 


Canton,  Ohio.,  September  2is  1889. 
To  the  City  Council,  Canton,  Ohio : 

The  Canton  Street  Railway  Company  hereby  accept  the  permission 
and  privileges  granted  to  it  by  the  ordinance  of  said  City  Council  entitled 
"An  ordinance  granting  to  The  Canton  Street  Railway  Company  the  right 
to  use  electricity  as  a  motive  power,  etc.,"  passed  September  16,  1889, 
and  it  does  hereby  agree  to  comply,  adopt  and  abide  with  all  the  pro- 
visions, conditions  and  restrictions  upon  which  said  ordinance  is  granted. 
The  Canton  Street  Railway  Company, 

By  G.  E.  COOK,  President. 


AN  ORDINANCE 

Granting  to  The  Lake  Side  Street  Railroad  Company  the  right  to  use 
electricity  as  a  motive  power,  and  to  reconstruct  its  lines  of  street 
railway  for  that  purpose,  also  to  amend  an  ordinance  passed  April  2, 
1885,  entitled  "An  ordinance  granting  the  right  of  way  to  Percy  S. 
Sowers,  his  assigns  and  successors,  to  construct,  operate  and  main- 
tain a  street  lailroad  from  Canton  to  Meyer's  Lake." 
Section  I.    Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 

Ohio,  That  whereas,  The  Lake  Side  Street  Railroad  Company,  operating 
a  line  of  street  railway,  under  and  by  virtue  of  the  ordinance  above  re- 
ferred to,  has,  by  a  communication  to  the  City  Council,  dated  January 
21,  1889,  signified  its  willingness  and  desire  to  change  its  motive  power 
upon  its  line  of  street  railway,  and  whereas,  there  is  a  desire  on  the  part 
of  the  people  of  said  city  and  the  territory  adjoining  thereto,  for  a  more 
convenient  and  rapid  mode  of  transit  between  said  city  and  Meyers  Lake, 
and  that  an  electric  system  be  substituted  for  animal  power  for  the  move- 
ment of  care;  therefore,  The  Lake  Side  Street  Railroad  Company,  its 
successors  and  assigns,  is  hereby  granted  permission  to  operate  its  lines 
of  street  railway  by  electricity,  and  for  that  purpose  it  is  granted  per- 
mission to  erect  and  maintain  wooden  poles  and  wires,  and  the  neces- 
sary appliances  and  fixtures,  for  conducting  currents  of  electricity  for  the 
purpose  of  transmitting  and  producing  power  to  propel  and  operate  its 
cars  upon  its  lines  of  street  railway  in  said  city,  and  also  between  said  city 


208 


REVISED  ORDINANCES 


and  said  Meyer's  Lake.  Provided,  however,  that  the  electric  system 
adopted  by  said  Company,  its  successors  and  assigns,  for  propelling  and 
operating  their  cars,  shall  be  an  approved  system ;  and,  provided  further, 
that  the  Council  may  require,  after  twelve  years  from  the  taking  effect 
of  this  ordinance,  the  said  Company,  its  successors  and  assigns,  to  sub- 
stitute iron  for  wooden  poles,  on  all  parts  of  the  lines  of  the  said  Com- 
pany, its  successors  and  assigns,  that  may  be  in  the  city  limits  at  that 
time  or  at  any  time  thereafter,  the  erection  of  such  poles  and  the  placing 
of  wires  thereon,  shall  be  under  the  supervision  of  and  subject  to  the 
control  of  the  City  Civil  Engineer.  Such  poles  shall  not  be  over  twenty- 
five  feet  in  height  above  the  ground,  shall  be  neat  and  regular  in  form, 
and  all  poles  that  are  upon  the  streets  of  said  city  or  upon  the  public 
highway  west  of  said  city  shall  ibe  painted  in  dark  color  and  repainted 
from  time  to  time  as  the  City  Council  may  direct;  they  shall  be  set  one 
hundred  and  twenty-five  feet  apart,  except  where  otherwise  expressly 
permitted  by  the  City  Civil  Engineer.  Such  poles  shall  be  placed  at 
such  points  near  the  curb  stone,  as  shall  be  designated  by  the  City  Civil 
Engineer,  and  where  there  is  no  curbing  they  shall  be  set  at  such  distance 
from  the  side  of  the  street  or  highway  as  said  Engineer  may  direct. 
Should  it  be  necessary  in  the  prosecution  of  any  work  by  the  city,  that 
such  poles  should  be  temporarily  removed,  such  removal  shall  be  imade 
by  the  said  Company  at  its  own  cost  without  any  claim  for  damages 
therefor  on  the  part  of  said  Company.  Said  Street  Railroad  company, 
its  successonrs  and  assigns,  shall  protect  the  wires  of  the  City's  Fire 
Alarm  System  from  contact  with  the  wires  of  said  Company,  by  some 
means  satisfactory  to  the  Chief  of  the  City  Fire  Department,  and  all 
telegraph  and  telephone  wires  from  contact  with  the  wires  of  the  said 
Company,  by  some  means  satisfactory  to  the  City  Civil  Engineer. 

iSec.  2.  Said  Company,  its  successors  and  assigns,  are  also  hereby 
granted  the  right  toi  lay  double  track  on  the  whole  or  any  portion  of  its 
said  line  in  place  of  the  single  track  now  maintained  by  it.  Said  double 
tracks  shall  be'  as  near  to  each  other  as  practicable,  and  at  equal  distance 
from  the  center  of  said  street;  and  where  its  line  is  in  the  public  highway 
west  of  said  city,  said  tracks  shall  be  at  one  side  of  said  highway,  but 
said  double  track  shall  not  be  constructed  until  in  the  opinion  of  the 
Council  tin-  public  convenience  and  the  travel  on  said  line  requires  the 
same. 


SPECIAL  ORDINANCES 


209 


Sec.  3.  In  case  the  limits  of  said  city  are  extended  so  as  to  include 
any  part  of  the  highway  west  of  said  city,  on  which  the  Company  now 
has  its  line  located  on  the  side  of  the  public  highway,  said  Company,  its 
successors  and  assigns,  shall  if  ordered  by  the  City  Council,  move  its 
track  or  tracks  from  the  side  to  the  center  of  that  part  of  the  public  high- 
way which  may  be  embraced  in  such  extension  of  the  city  limits. 

Sec.  4.  Said  Company,  its  successors  and  assigns,  shall  at  all  times 
conform  to  such  rules  and  regulations  as  may  from  time  to  time  be  made 
by  the  Council  as  to  the  rate  of  speed  it  may  run  the  cars'  on  said  streets 
of  said  city,  or  on  the  public  highway  west  thereof,  or  when  crossing 
any  public  highway,  and  while  the  cars  of  said  Company  are  in  motion, 
or  about  to  start  a  bell  shall  be  sounded  at  such  times  as  may  be  neces- 
sary to  warn  persons  of  danger. 

Sec.  5.  The  privilege  of  constructing  an  electric  system  and  the 
operation  of  its  lines  as  hereinbefore  provided,  is  granted  in  consideration 
of  the  improved  facilities  hereby  contemplated,  and  by  reason  thereof, 
and  also  on  account  of  the  large  expenditures  necessary  to  secure  the 
same.  The  franchises  heretofore  granted  Percy  S.  Sowers  and  now  held 
by  said  Company  by  the  foregoing  ordinance,  and  the  franchises  and 
privileges  hereby  granted  to  said  Company,  its  successors  and  assigns, 
by  this  ordinance,  shall  be  in  force  for  a  period  of  twenty-five  years  from 
and  after  the  date  of  the  passage  of  this  ordinance  and  the  taking  effect 
thereof. 

Sec.  6.  Said  Railroad  Company  its  successors  and  assigns,  shall  at 
all  times  hereafter  defend,  keep  harmless  and  indemnified  the  City  of 
Canton  of  and  from  all  damages,  lawful  claims  and  demands  for  injuries 
to  persons  or  property,  costs  and  expenses  to  which  said  city  may  be  sub- 
jected or  made  liable  by  any  proceeding  at  law  or  in  equity,  or  other- 
wise growing  out  of  the  grant  of  the  privileges  in  this  ordinance  granted, 
or  out  of  the  exercise  and  enjoyment  of  the  same  by  said  Company. 

Sec.  7.  Said  Street  Railroad  Company  shall  in  writing  accept  the 
permission  and  privileges  hereby  granted  and  agree  to  comply  with,  adopt 
and  abide  with  all  the  provisions,  conditions  and  restrictions  upon  which 
the  same  are  granted  within  thirty  (30)  days  after  the  passage  of  this 
ordinance,  and  shall,  within  said  time  file  the  said  written  acceptance 
with  the  City  Clerk,  otherwise  this  ordinance  shall  be  null  and  void,  and 


210 


REVISED  ORDINANCES 


such  acceptance  shall  be  deemed  an  agreement  on  the  part  of  the  Street 
Railway  Company  with  the  said  city  to  perform  all  and  singular  the 
matters  and  things  required  by  said  Company  to  be  by  it  performed  under 
this  ordinance.  Should  said  Company,  its  successors  and  assigns,  fail  to 
construct  and  begin  operation  of  its  said  electric  system  on  said  street 
and  public  highway  within  one  year  after  the  date  of  the  taking  effect  of 
this  ordinance,  then  it  shall  be  deemed  to  have  abandoned  the  rights 
thereby  granted  to  use  electricity  as  a  motive  power,  and  its  rights  to 
have  its  said  franchises  extended  for  the  period  of  twenty-five  (25)  years 
as  aforesaid,  and  in  respect  thereto  this  ordinance  shall  then  be  deemed 
null  and  void,  and  said  Company,  its  successors  and  assigns,  shall  have 
only  the  rights  and  franchises  granted  to  it  which  are  in  fact  granted  by 
the  ordinance  first  above  referred  to. 

Sec.  8.  Whenever  the  City  Council  shall  cause  any  of  the  streets  in 
and  through  which  the  tracks  of  The  Street  Railroad  Company,  its  suc- 
cessors and  assigns,  now  or  may  hereafter  extend,  to  be  paved  with 
gravel,  boulders,  fire  brick  or  such  other  material  as  may  be  deemed 
proper.  tThe  Lakeside  Street  Railway  Company,  its  successors  and 
assigns,  shall  pay  so>  much  of  the  expenses  thereof  as  may  be  necessary  to 
pave  the  space  between  the  rails  of  their  tracks  and  for  a  distance  of  nine 
inches  outside  of  the  rails  on  either  side  of  their  said  tracks,  and  the  space 
between  the  main  tracks  and  switches,  upon  the  same  terms  and  condi- 
tions, that  may  be  prescribed  for  abutting  property  holders,  the  provisions 
of  this  section  shall  apply  to  the  improvement  of  all  streets  and  parts  or 
sterets,  save  and  except  in  those  improvements  from  which  the  contracts 
have  already  been  let,  and  the  provisions  of  this  section  shall  also  apply  to 
all  such  parts  of  the  lines  of  said  Company,  its  successors  and  assignts, 
as  may  hereafter  be  embraced  within  the  limits  of  said  city. 

Sec.  9.  All  the  provisions  of  the  ordinance  first  above  referred  to, 
which  are  inconsistent  with  the  terms  and  provisions  of  this  ordinance  are 
hereby  repealed,  but  the  same  shall  be  restored  to  full  force  and  effect  in 
case  said  Street  Railroad  Company,  its  successors  and  assigns,  should 
abandon  and  forfeit  the  rights  hereby  granted  to  it  at  the  end  of  one 
year  after  the  taking  effect  of  this  ordinance. 

Passed  September  23,  1889. 


SPECIAL,  ORDINANCES 


211 


Canton,  Ohio,  September  24,  1889. 

To  the  City  Council,  Canton,  Ohio : 

The  Lakeside  Street  Railroad  Cdmpany  hereby  accepts  the  permis- 
sion and  privileges  granted  to  it  by  the  ordinance  of  said  City  Council 
entitled,  "An  ordinance  granting  to  The  Lakeside  Street  Railroad  Com- 
pany the  right  to  use  electricity  as  a  motive  power,  etc.,  passed  September 
23,  1889,  and  it  does  hereby  agree  to  comply  with,  adopt  and  abide  with 
all  the  provisions,  conditions  and  restrictions  upon  which  said  ordinance 
was  granted. 

The  Lakeside  Street  Railway  Company, 

By  G.  E.  COOK,  President. 

The  above  acceptance  was  filed  in  the  office  of  the  City  Clerk  on  the 
26  day  of  September,  A.  D.  1889. 

H.  G.  SCHAUB,  City  Clerk. 


AN  ORDINANCE 

Establishing  a  Street  Railway  Route  on  South  Market  and  Bridge  Streets. 
Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  fol- 
lows : — 

Section  1.  That  a  street  passenger  railroad  route  to  be  known  as 
route  number  two  be  and  the  same  is  hereby  established  in  said  City  ot 
Canton,  Ohio,  as  follows : — Commencing  at  a  point  on  South  Market 
Street  in  said  City  near  Lathrop  Street,  being  the  present  southern  ter- 
minus of  The  Canton-Massillon  Electric  Street  Railway;  thence  south- 
wardly and  southwestwardly  along  said  Market  Street  to  Bridge  Street; 
thence  west  along  Bridge  Street  to  Dueber  Avenue. 

The  number  of  tracks  on  said  streets  to  be  one  or  two  tracks,  but  said 
second  track  shall  not  be  constructed  until  in  the  opinion  of  the  City 
Council  the  public  convenience  and  travel  on  said  streets  may  require 
the  same,  and  that  said  franchise  be  limited  to  fifty  years. 

Sec.  2.  The  construction  of  said  railroad  shall  be  completed  with 
either  one  or  two  tracks  within  sixty  days  from  the  taking  effect  of  the 
ordinance  that  may  be  passed  granting  the  right  to  any  person  or  cor- 
poration to  build  said  street  railroad  as  far  as  Garfield  Avenue. 


212 


REVISED  ORDINANCES 


Sec.  3.  The  track  or  tracks  of  said  street  railroad  shall  be  laid  as 
near  the  center  of  said  streets  as  practicable,  and  to  be  of  a  width  uniform 
with  the  tracks  of  the  street  railroad  now  in  said  city,  and  should  the 
gauge  of  the  connecting  street  railroad  now  in  said  city  be  changed  then 
the  gauge  of  this  route  may  be  changed,  and  tha  top  surface  of  the  rails 
to  be  so  laid  and  a  rail  of  such  character  to  be  used  as  not  to  be  unreason- 
able impediment  to  the  ordinary  use  of  said  street  by  wagons  and  car- 
riages. The  space  between  such  rails  and  for  a  distance  of  eighteen  inches 
beyond  and  outside  of  said  rails  on  either  side  of  said  track,  shall  be  filled 
with  a  bed  of  pounded  stone  or  other  good  and  suitable  materials  to  the 
depth  of  at  least  six  inches  and  the  top  surface  thereof  to  be  covered 
with  a  good  and  substantial  bed  of  clean  gravel. 

Sec.  4.  The  person  or  corporation  constructing,  operating  or  main- 
taining said  street  railroad  in  addition  to  the  main  tracks  upon  said  streets 
may,  construct,  operate  and  maintain  all  such  switches,  pass-ways  and 
turning  tracks  as  may  be  reasonably  proper.  But  the  manner  of  con- 
structing the  same  and  the  places  of  their  location  shall  be  made  subject 
to  the  approval  of  the  City  Council. 

Sec.  5.  The  said  railroad  and  its  tracks,  cars  and  other  equipments, 
shall  be  kept  by  the  person  or  corporation  operating  the  same,  in  good 
order  and  repair  and  safe.  And  there  shall  be  placed  on  said  road,  cars 
of  good  construction  with  the  latest  improvements,  for  the  convenience 
and  comfort  of  passengers,  and  they  shall  be  run  under  such  reasonable 
directions  as  the  City  Council  may  from  time  to  time  prescribe. 

Sec.  6.  The  cars  upon  said  street  railway  may  be  operated  or  drawn 
by  horses  or  electricity  or  by  any  motive  power  other  than  steam. 

In  case  the  said  street  railroad  is  operated  by  electricity,  then  the 
person  or  corporation  so  operating  said  railroad  may  erect  and  maintain 
wooden  poles  and  wires  and  the  necessary  appliances  and  fixtures  for  con- 
ducting currents  of  electricity  for  the  purpose  of  transmitting  and  pro- 
ducing power  to  propel  its  cars  upon  said  line,  provided,  however,  that 
the  electric  system  adopted  for  said  street  railroad,  shall  be  an  improved 
system,  and  provided  further,  that  such  poles  shall  not  be  less  than  twenty- 
five  feet  in  height  above  the  ground,  shall  be  neat  and  regular  in  form, 
shall  ])(•  painted  in  dark  colors  ,and  repainted  from  time  to  time  as  the 
City  Council  may  direct,  they  shall  be  set  generally  one  hundred  and 


SPECIAL  ORDINANCES 


213 


twenty-five  feet  apart;  such  poles  shall  be  placed  at  such  points  near  the 
curb  stone  as  shall  be  designated  by  the  City  Civil  Engineer. 

Should  it  be  necessary  in  the  prosecution  of  any  work  by  the  city 
that  such  poles  should  be  temporarily  removed,  such  removal  shall  be 
made  by  the  person  or  company  then  operating  said  railroad,  at  his  or  its 
own  cost,  without  any  claim  for  damages  therefor. 

And  the  said  person  or  company  so  constructing,  maintaining  and 
operating  said  railroad  shall  protect  the  wires  of  the  city's  fire  alarm 
system  from  contact  with  the  wires  of  said  street  railroad  by  some  means 
satisfactory  to  the  Chief  of  the  Fire  Department  of  said  city,  and  they  shall 
also  protect  all  telegraph  and  telephone  wires  from  contact  with  the  wires 
of  said  street  railroad  by  some  means  satisfactory  to  the  City  Civil  En- 
gineer. 

Sec.  7.  Each  passenger  upon  said  street  railroad  may  be  compelled 
to  pay  in  advance  a  fare  to  be  hereafter  fixed  by  the  City  Council  for 
riding  in  said  cars  one  continuous  trip  from  any  point  of  said  line  to 
another  point,  to  be  designated  by  such  passenger,  provided  that  the 
passengers  so  required  to  pay  fare  and  paying  the  same,  shall  be  trans- 
ported fro/m  point  to  point  with  reasonable  dispatch,  and  provided  fur- 
ther, that  children  less  than  five  years  old,  when  accompanied  by  parent 
or  guardian,  shall  be  allowed  to  ride  free,  and  provided  that  said  company 
shall  be  allowed  to  charge  double  fare  between  the  hours  of  eleven  o'clock 
P.  M.  and  five  o'clock  a.  m. 

Sec.  8.  The  person  or  company  operating  said  street  railroad  shall 
at  all  .  times  hereafter  defend,  keep  harmless  and  indemnify  the  City  of 
Canton  from  all  damages,  lawful  claims  and  demands  for  injuries  to  per- 
sons or  property  and  costs  and  expenses  to  which  said  city  may  be  sub- 
jected or  made  liable  by  any  proceeding  at  law  or  in  equity,  or  otherwise 
growing  out  of  the  grant  of  the  privileges  in  this  ordinance  set  forth  or 
out  of  the  exercise  or  enjoyment  of  the  same. 

Sec.  9.  Whenever  the  City  Council  shall  cause  any  of  the  streets 
or  parts  of  streets  in  and  through  which  the  tracks  of  said  street  railroad 
shall  be  constructed  or  extended,  to  be  paved  with  gravel,  boulders,  brick 
and  such  other  proper  material,  then  the  person  or  company  operating 
said  street  railroad  shall  pay  so  much  of  the  expense  thereof  as  may  be 
necessary  to  pave  the  space  between  the  rails  and  their  tracks,  and  for  a 


214 


REVISED  ORDINANCES 


distance  of  nine  inches  outside  the  rails  on  either  side  of  said  tracks,  and 
the  space  between  the  main  tracks  and  switches  upon  the  same  terms  and 
conditions  that  may  be  prescribed  for  abutting  property  holders ;  or  such 
person  or  company  shall  at  his  or  its  option  construct  the  pavement  or 
roadway  over  that  portion  of  the  width  of  the  street  hereinbefore  specified 
according  to  the  plans  and  specifications  adopted  by  the  City  Council  for 
the  remainder  of  the  street,  and  subject  to  the  approval  of  the  City  Civil 
Engineer  or  such  other  official  as  the  city  may  designate. 

Sec.  10.  The  cars  upon  said  street  railroad  shall  be  entitled  to  the 
track,  and  any  vehicles  upon  the  track  or  tracks  shall  turn  off  therefrom 
when  required,  for  the  passage  of  such  cars,  so  as  to  leave  it  unobstructed. 
And  the  driver  of  any  vehicle  refusing  so  to  do  shall  be  fined  before  the 
Mayor  of  the  City  of  Canton,  not  less  than  five  dollars  ($5.00)  nor  more 
than  twenty-five  dollars  ($25.00)  and  costs;  all  fines  to  be  paid  into  the 
city  treasury.  Provided  that  reasonable  time  shall  be  allowed  for  the 
removal  of  buildings  or  any  other  large  or  heavy  loads  under  the  permit 
of  the  proper  city  authorities. 

Sec.  II.  Said  street  railroad  shall  be  operated  under  the  following 
conditions  and  under  such  other  reasonable  conditions  as  may  hereafter 
from  time  to  time  be  prescribed  by  the  City  Council. 

First — No  car  shall  stop  on  street  crossings  nor  in  front  of  any 
intersecting  street,  except  to  avoid  collisions  or  damage  to  person  or 
property,  nor  shall  any  cars  be  left  standing  on  the  streets  except  under 
care  of  so/me  person. 

Second — When  a  car  is  stopped  at  the  intersection  of  streets  to  re- 
receive  or  unload  passengers,  it  shall  be  so  as  to  leave  the  rear  platform 
slightly  over  the  crossing.  • 

Third — Conductors  and  motormen  shall  be  vigilant  in  the  avoidance 
of  all  damages  to  persons  and  teams,  and  when  necessary  the  cars  shall 
be  stopped  in  the  shortest  possible  time. 

Fourth — After  dusk  in  the  evening  each  car  shall  be  provided  with 
a  suitable  signal  light  at  each  end  thereof,  and  at  all  times  there  shall  be 
a  gong  upon  the  car,  and  when  the  cars  are  in  motion  or  about  to  start, 
the  bell  shall  be  sounded  at  such  times  as  may  be  necessary  to  warn  per- 
sons of  danger. 

Sec.  12.    The  City  Clerk  is  hereby  directed  to  advertise  for  sealed 


SPECIAL  ORDINANCES 


215 


proposals  to  construct,  maintain  and  operate  said  railroad  route  as  estab- 
lished in  section  One  hereof,  for  a  period  of  three  consecutive  weeks  as 
provided  by  law. 

Sec.  13.    This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 
Passed  September  21,  1896. 


AN  ORDINANCE 

Granting  permission  to  construct  and  operate  a  Street  Railroad  on  Route 
No.  2,  on  South  Market  Street  and  Bridge  Street  in  the  City  of 
Canton,  Ohio. 

Whereas,  the  Council  of  the  City  of  Canton,  Ohio,  did,  by  ordinance 
passed  the  21st  day  of  September,  1896,  establish  Street  Railroad  Route 
Xo.  2  on  South  Market  Street  and  Bridge  Street  in  said  city ;  and, 

Whereas,  the  City  Clerk  of  said  City,  in  pursuance  of  the  direction  in 
said  ordinance  contained  did  give  public  notice  by  publication  in 
the  "News-Democrat,"  "Evening  Repository,"  Canton  Daily  Record," 
and  "Ohio  Volks  Zeitung,"  newspapers  published  daily  in  said  city,  and 
of  general  circulation  therein,  for  three  consecutive  weeks  next  pre- 
ceding the  2nd  of  November,  1896,  advising  the  public  that  sealed  pro- 
posals would  be  received  until  12  o'clock,  noon,  on  Monday,  the  2nd  of 
November,  1896,  by  the  City  Council  of  said  City,  for  the  granting  of  the 
right  to  construct  and  operate  for  the  period  of  fifty  years  said  Street 
Railroad  Route,  as  established  in  said  ordinance  above  referred  to;  and 

Whereas,  bids  were  received  by  said  City  Council  through  its  Clerk 
at  the  time  mentioned  in  said  notice,  and  were  opened  by  said  Clerk  at 
said  time,  and,  it  appearing  that  William  A.  Lynch  proposes  to  carry 
passengers  on  said  Street  Railroad  at  lower  rates  of  fare  than  any  other 
bidders,  namely,  for  single  cash  fare  five  (5)  cents  each  ;  for  children  ten 
(10)  years  of  age  and  over  five  (5)  years  of  age,  three  (3)  cents ;  children 
under  five  years  of  age,when  accompanied  by  parent  or  guardian,  shall 
ride  free;  but  reserving  the  right  to  charge  double  fares  from  eleven 
o'clock  P.  M.  to  five  o'clock  A.  M.,  commutation  tickets  in  packages  24 
for  $1.00;  12  for  50  cents;  and  6  for  25' cents,  together  with  transfer  of 


216 


REVISED  ORDINANCES 


passengers  between  said  Route  No.  2  and  all  of  The  Canton-Massillon 
Electric  Street  Railway  Company,  known  as  Route  No.  1  ;  and  has  filed 
with  said  City  Council  a  written  consent  of  a  majority  of  the  property 
owners  on  the  line  of  said  proposed  Street  Railroad,  represented  by  the 
feet  front  of  the  lots  abutting  upon  the  streets  in  which  it  is  proposed  to 
construct  such  street  railroad. 

Now,  therefore,  be  it  ordained  by  the  Council  of  the  City  of  Canton, 
Ohio,  as  follows : 

Section  1.  That  permission  be  and  is  hereby  granted  to  William  A. 
Lynch,  or  his  assigns,  to  construct,  maintain  and  operate  said  Street  Rail- 
road No.  2,  as  follows : —  Commencing  at  a  point  on  South  Market  Street 
in  said  city,  near  Lathrop  Street,  being  the  present  southern  temiinus  of 
The  Canton-Massillon  Electric  Street  Railway,  thence  southwardly  and 
southwestwardly  along  said  South  Market  Street  to  Bridge  Street ;  thence 
westwardly  along  Bridge  Street  to  Dueber  Avenue. 

Sec.  2.  That  the  foregoing  grant  shall  be  for  the  term  of  fifty  (50) 
years,  and  shall  be  subject  to  all  the  terms  and  conditions  contained  in  an 
ordinance  establishing  said  route,  passed  on  the  21st  day  of  September, 
1886. 

Sec.  3.  That  the  rate  of  fare  named  in  the  preamble  to  this  ordi- 
nance, namely,  single  cash  fare  5  cents ;  commutation  tickets  in  packages 
24  for  $1.00;  12  for  50  cents;  and  6  for  25  cents,  together  with  transfer  of 
passengers  between  said  Route  No.  2  and  The  Canton-Massillon  Street 
Railway  Company,  known  as  Route  No.  1  ;  children  under  ten  years  ot 
age  and  over  five  years  of  age  three  cents ;  children  under  five  years,  when 
accompanied  by  parent  or  guardian,  to  be  allowed  to  ride  free;  but  re- 
serving the  right  to  charge  double  fares  from  eleven  o'clock  P.  M.  to  five 
o'clock  A.  M. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  and  written  acceptance  thereof  by 
said  William  A.  Lynch,  his  successors  and  assigns. 

Passed  November  9th,  1896. 


SPECIAL  ORDINANCES 


217 


AN  ORDINANCE. 

Establishing  an  Electric  Street  Railway  Route  on  certain  streets  in  the 
City  of  Canton,  Ohio,  to  be  known  as  route  number  four. 
Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  follows . 

Section  I.  That  an  electric  street  railway  route,  to  be  known  as 
route  number  four,  be  and  the  same  is  hereby  established  as  follows : 
Commencing  at  the  intersection  of  South  Market  Street  and  Navarre 
Street  and  running  thence  west  on  Navarre  Street  to  Garfield  Avenue ; 
thence  south  on  Garfield  Avenue  to  Bridge  Street. 

That  the  said  electric  street  railway  to  be  built  and  established  in  and 
upon  said  route  shall  be  constructed  and  equipped  and  operated  in  the 
manner  following,  to-wit : 

First — Said  electric  street  railway  shall  be  constructed  with  single 
track  only  and  with  all  proper  and  necessary  switches  and  turnouts  and 
shall  be  laid  as  near  the  center  of  the  street  over  the  entire  route  as 
practicable,  except  that  from  South  Market  Street  to  South  McKimey 
Avenue  said  track  shall  be  laid  as  near  the  present  track  of  the  C.  T.  & 
V.  R.  R.  switch  on  said  street  as  practicable,  the  City  Council  reserving 
the  right  to  require  said  track  to  be  removed  to  the  center  of  the  street 
when  that  part  of  Navarre  Street  is  paved  or  about  to  be  paved. 

Second — At  the  time  of  building  said  track  and  before  cars  are  oper- 
ated thereon,  the  person  or  company  constructing  the  same  shall,  on  all 
streets  on  said  route,  fill  or  cause  to  be  filled  between  the  rails  and  for  a 
space  of  eighteen  inches  on  the  outside  of  the  rails,  and  between  the 
tracks  where  switches  or  turnouts  are  laid,  all  to  the  depth  of  ten  inches, 
with  clean  gravel. and  shall  cause  the  same  to  be  permanently  so  main- 
tained or  until  said  streets  are  paved  as  hereinafter  provided,  and  the 
rails  to  be  used  in  building  said  line'  shall  be  of  a  weight  of  not  less  than 
sixty  pounds  per  yard. 

Third — Said  track  shall  be  laid  to  the  present  surface  grade  of  all  the 
streets  over  which  it  shall  be  located  and  should  a  change  be  hereafter 
made  in  the  grade  of  any  of  said  streets,  the  person  or  company  owning 
or  controlling  said  track  shall  make  the  same  conform  to  such  changed 
grade  when  ordered  so  to  do  by  the  City  Council,  without  receiving  or 


218 


REVISED  ORDINANCES 


being  entitled  to  receive  from  said  city  any  compensation  or  damages  by 
reason  of  such  change  of  grade. 

Fourth — The  motive  power  to  be  used  in  propelling  cars  on  said 
line  shall  be  electricity. 

Fifth — The  right  to  operate  and  construct  said  street  railway  shall 
include  the  right  to  erect  poles  and  string  trolley  wires  and  such  other 
wires  and  appliances  as  are  proper  and  necessary  for  conducting  the 
electric  current  for  propelling  cars  and  maintaining  lights.  Said  poles 
shall  be  of  wood  not  less  than  twenty-five  feet  in  length,  shall  be  firmly 
set  in  the  ground  a  depth  of  at  least  four  feet,  shall  be  placed  as  nearly  as 
practicable  the  uniform  distance  of  one  hundred  and  twenty-five  feet  apart, 
shall  be  placed  near  the  curb  line  of  the  street  and  shall  be  so  located  as 
not  to  interfere  with  the  ingress  and  egress  of  abutting  property.  The 
Standing  Committee  on  Streets  and  Alleys  of  the  City  Council  shall  have 
power  and  authority  to  change  the  location  and  order  the  removal  of 
any  of  said  poles  and  they  may  be  temporarily  removed  when  necessary 
when  any  improvements  or  repairs  are  being  made  by  authority  of  the 
City  Council.  Said  poles  shall  be  painted  when  erected  and  shall  be  re- 
painted from  time  to-  time  as  the  Council  may  direct.  The  wires  herein 
mentioned  shall  be  provided  with  the  latest  approved  appliances  for  pro- 
tection of  life  and  property  and  shall  be  so  laid,  placed  and  constructed 
as  not  to  interfere  in  any  manner  with  the  wires  and  appliances  of  the 
City's  Fire  Alarm  System  or  Police  Patrol  System  or  any  other  wires  that 
may  be  hereafter  used  and  controlled  by  the  city,  and  the  city  shall  have 
the  right  and  privilege  to  use  any  or  all  of  said  poles,  free  of  cost. 

Sixth — The  cars  to  be  used  on  said  line  shall  be  provided  with  all  the 
latest  improved  appliances  for  the  comfort  and  protection  of  passengers 
and  employees,  having  special  reference  to  lighting  and  heating,  and  to 
be  provided  with  vestibules  at  the  forward  end  thereof  completely  protect- 
ing the  motorman  from  wind  and  storm  during  the  months  of  November, 
December,  January,  February  and  March  of  each  year.  They  shall  be 
provided  at  either  end  with  a  suitable  signal  light  which  shall  be  lighted 
and  kepi  burning  at  night,  and  they  shall  be  provided  at  the  forward  end 
of  each  car  with  a  bell  or  gong.  The  person  or  company  building  or 
Operating  said  street  railway  line  shall  cdmply  with  any  and  all  reasonable 
rules  and  provisions  that  may  be  hereafter  passed  and  adopted  by  the 


SPECIAL  ORDINANCES 


219 


City  Council  touching  the  equipment  and  operation  of  said  street  railway 
line. 

Seventh — Said  entire  route  shall  be  completed  and  in  operation 
within  forty-five  days  from  and  after  the  passage  of  this  ordinance  grant- 
ing the  franchise  for  the  construction  and  operation  of  said  street  railway. 

Eighth — At  least  five  cars  per  hour  from  6  A.  M.  or  earlier  to  10:30 
P.  M.  or  later  shall  be  operated  over  said  line  daily,  except  Sunday  when 
cars  may  begin  running  at  8  A.  M. 

Ninth — The  ordinance  hereafter  to  be  passed  granting  a  franchise 
for  the  construction  and  operation  of  said  route  shall  also  be  upon  con- 
dition that  the  person  or  company  receiving  such  franchise  shall,  in  addi- 
tion to  the  construction  and  operation  herein  provided  for,  construct  and 
operate  a  street  railway  line  on  South  Market  Street  from  Lathrop  Street 
to  The  Cleveland,  Canton  and  Southern  Railroad,  the  same  to  be  con- 
structed, equipped  and  operated  in  the  manner  herein  provided  for  the 
said  route  number  four. 

Sec.  2.  Whenever  the  City  Council  shall  cause  any  of  the  streets 
in  and  through  which  said  route  is  established,  to  be  graded,  regraded, 
paved  or  repaved  with  gravel,  boulders,  fire  brick  or  such  other  material 
as  may  be  deemed  proper,  or  to  be  both  graded  and  paved,  then  the  person 
or  company  operating  said  street  railway  shall  pay  so  much  of  the  ex- 
pense thereof  as  may  be!  necessary  to  grade  or  pave  the  space  between 
the  rails  of  their  tracks  and  for  a  distance  of  nine  inches  outside  of  the 
rails  on  either  side  of  said  tracks  upon  the  same  terms  and  conditions  that 
may  be  prescribed  for  abutting  property  holders,  and  the  provisions  of  this 
section  shall  apply  to  and  include  alley  and  street  intersections. 

Sec.  3.  The  person  or  company  using  the  street  or  electric  railway 
line  shall  keep  its  roadbed  and  any  and  all  street  paving  in  good  and  con- 
tinuous repair,  and  upon  failure  so  to  do  within  ten  days  after  the  adoption 
by  the  City  Council  of  a  resolution  to  the  effect  that  such  repair  is  neces- 
sary, the  City  Council  reserves  the  right  to  cause  such  repair  to  be  made 
through  its  Street  'Commissioner  or  Civil  Engineer,  and  have  the  cost 
thereof  reported  to  the  City  Council,  who  shall  cause  the  same  to  be 
certified  to  the  County  Auditor,  and  placed  upon  the  tax  duplicate  for 
collection  and  be  collected  as  other  taxes. 

Sec.  4.    The  person  or  company  operating  said  street  railroad  shall 


220 


REVISED  ORDINANCES 


at  all  times  hereafter  defend,  keep  harmless  and  indemnify  the  City  ol 
Canton  from  all  damages,  lawful  claims  and  demands  for  injuries  to 
persons  or  property,  and  costs  and  expenses  to  which  said  city  may  be 
subjected  or  made  liable  by  any  proceeding  at  law  or  in  equity,  or  other- 
wise growing  out  of  the  grant  of  the  privileges  in  this  ordinance  set  forth, 
or  out  of  the  exercise  or  enjoyment  of  the  same. 

Sec.  5.  The  franchise  for  the  building  and  operating  a  street  railway 
on  said  route,  to  be  granted;  by  ordinance  to  be  hereafter  passed,  shall  be 
for  the  term  of  twenty-five  years  from  the  passage  of  such  ordinance,  and 
said  franchise  shall  not  be  negotiable  or  transferable  until  such  route  shall 
be  completed  and  in  operation. 

Sec.  6.  The  grant  of  a  franchise  to  construct  and  operate  a  street 
railway  on  said  route  shall  be  upon  the  condition  that  should  the  company 
or  person  to  Jwh°m  such  franchise  is  granted  its  or  his  successors  or 
assigns,  fail,  neglect  or  refuse  to  comply  with  any  of  the  provisions  of  this 
ordinance,  or  should  fail  to  operate  any  cars  on  said  line  for  a  period  of 
ten  consecutive  days,  then  such  franchise  shall  be  forfeited  and  become 
null  and  void  at  the  option  jof  the  City  Council. 

Sec.  7.  That  the  City  Clerk  is  hereby  directed  to  advertise  for  sealed 
proposals  to  construct  and  operate"  said  street  railroad  route  as  established 
in  section  one  hereof,  for  a  period  of  three  (3)  consecutive  weeks  as  pro- 
vided by  law. 

Sec.  8.    This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 
Passed  October  3rd,  1898. 


AN  ORDINANCE 

Granting  permission  to  construct  and  operate  a  street  railway  route  in  the 
City  of  Canton,  known  as  street  railway  route  number  4. 

Whereas,  The  Council  of  the  City  of  Canton,  Ohio,  did  by  ordinance 
passed  on  the  3rd  day  of  October,  1898,  establish  street  railway  route 
number  four,  and, 

Whereas,  Louis  N.  Ley,  Clerk  of  said  City,  in  pursuance  of  the  direc- 
tion in  said  ordinance  'contained,  did  give  public  notice  by  publication  in 


SPECIAL,  ORDINANCES 


221 


the  "News-Democrat"  and  the  "Evening  Repository,"  newspapers  pub- 
lished daily  in  said  city  and  of  general  circulation  therein  for  three  con- 
secutive weeks  next  preceding  the  22nd  day  of  October,  1898,  advising  the 
public  that  sealed  proposals  would  be  received  until  twelve  o'clock  noon 
on  the  22nd  day  of  October,  1898,  by  the  City  Council  of  said  city,  for 
the  grant  of  the  right  to  construct  and  operate,  for  a  period  of  twenty-five 
years,  said  street  railway  route  as  established  in  said  ordinance,  and, 

Whereas,  Bids  were  received  by  said  City  Council  through  the  City 
Clerk,  at  the  time  mentioned  in  said  notice,  and  were  opened  by  said 
Clerk  at  said  ti'me,  and  it  appearing  that  Wm.  A.  Lynch  proposes  to  carry 
passengers  on  said  street  railway  at  lower  rates  than  any  other  bidder, 
namely:  for  single  cash  fares,  five  cents;  for  children  under  ten  years  of 
age  and  over  five  years,  three  cents ;  children  under  five  years  of  age  when 
accompanied  by  parent  or  guardian,  shall  be  allowed  to  ride  free  but  re- 
serving the  right  to  charge  double  fares  from  eleven  o'clock  P.  M.  to  five 
o'clock  A.  M.,  and  proposing  to  sell  twenty-four  tickets  in  a  package  for 
one  dollar;  twelve  tickets  in  a  package  for  fifty  cents  and  six  tickets  in  a 
package  for  twenty-five  cents;  and  has  also  submitted  with  his  bid  an 
agreement  entered  into  between  him,  the  said  William  A.  Lynch,  and  the 
Canton-Massillon  Electric  Railway  Company  whereby  passengers  upon 
said  route  number  four  shall  have  free  transfers  to  any  point  upon  the 
present  lines  of  the  said  The  Canton-Massillon  Electric  Railway  Company 
in  said  City  of  Canton,  and  has  also  filed  with  said  City  Council  the  written 
consent  of  a  majority  of  the  property  owners  on  the  line  of  said  proposed 
street  railway,  represented  by  the  feet  front  of  the  lots  abutting  upon 
each  of  the  street?,  in  which  it  is  proposed  to  construct  such  street  railway, 
now  therefore, 

Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  follows: 
Section  1.  That  permission  be  and  is  hereby  granted  to  William  A. 
Lynch,  his  heirs  and  assigns,  to  construct  and  operate  said  street  railway 
route  number  four  as  follows : —  Commencing  at  the  intersection  of 
South  Market  Street  and  Navarre  Street  and  running  thence  west  on 
Navarre  Street  to  Garfield  Avenue ;  thence  south  on  Garfield  Avenue  to 
Bridge  Street. 

Sec.  2.  That  the  foregoing  grant  shall  be  for  a  term  of  twenty-five 
years,  and  shall  be  subject  to  all  the  terms,  conditions,  stipulations  and 


222 


REVISED  ORDINANCES 


provisions  contained  in  an  ordinance  entitled  "An  Ordinance  establishing 
an  electric  street  railway  route  on  certain  streets  in  the  City  of  Canton  to 
be  known  as  route  number  four/'  passed  October  3rd,  1898. 

Sec.  3.  The  rate  of  fare  shall  at  no  time  exceed  the  rate  named  in 
the  preamble  of  this  ordinance,  namely :  single  cash  fares,  five  cents, 
children  under  ten  years  of  age  and  over  five  'years,  three  cents ;  children 
under  five  years  when  accompanied  by  parent  or  guardian,  shall  be  allowed 
to  ride  free,  but  authorize  a  charge  of  double  fare  from  eleven  o'clock  P. 
M.  to  five  o'clock  A.  M.  Twenty-four  tickets  in  a  package  sold  for  one 
dollar,  twelve  tickets  in  a  package  for  fifty  cents,  and  six  tickets  in  a  pack- 
age for  twenty-five  cents. 

Sec.  4.  The  above  grant  is  on  the  further  condition  that  the  said 
William  A.  Lynch  deposit  with  the  City  Clerk  forthwith  upon  the  passage 
of  this  ordinance,  a  sum  sufficient  to  pay  the  cost  of  publishing  all  the 
necessary  notices,  resolutions  and  ordinances  connected  with  the  estab- 
lishing of  said  route  and  granting  said  'franchise,  and  file  with  the  City 
Clerk  a  written  consent,  binding  himself,  his  heirs,  successors  and  assigns, 
to  abide  by  and  comply  with  the  terms  and  provisions  of  this  ordinance 
and  the  ordinance  establishing  said  route. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
the  passage  of  this  ordinance. 

Passed  November  5,  1898. 


)        Canton,  Ohio,  November  12th,  1898. 
To  the  City  Council,  Canton,  Ohio  : 
Gentlemen : — 

I,  William  A.  Lynch,  hereby  accept  the  permission 
and  privileges  granted  me  by  the  ordinance  of  the  City  Council,  entitled 
"An  Ordinance  granting  permission  to  construct  and  operate  a  street 
railway  route  in  the  City  of  Canton,  Ohio,  known  as  street  railway  route 
number  4,"  on  Navarre  Street  and  Garfield  Avenue,  passed  November  5, 
[898,  and  docs  hereby  agree  to  cqmply,  adopt  and  abide  with  all  the  pro- 
visions, conditions  and  restrictions  upon  which  said  ordinance  is  granted, 
and  does  further  agree  for  himself,  his  successors  and  assigns,  to  carry  free 
on  said  route  members  of  the  police  force  and"  fire  department  when  in 
uniform. 

WILLIAM  A.  LYNCH. 


SPECIAL  ORDINANCES 


223 


AN  ORDINANCE 

Granting  to  The  Canton-Massillon  Electric  Railway  Company  the  right  to 
extend  its  lines  on  part  of  Lake  Street  in  the  City  of  Canton,  Ohio, 
and  to  construct,  maintain  and  operate  said  extension  of  its  said  rail- 
way, and  prescribing  the  terms  and  conditions  upon  which  the  same 
may  be  done. 

Whereas,  Said  the  Canton-Massillon  Electric  Railway  Company  has 
made  application  in  writing,  t  othis  Council,  for  permission  to  extend  its 
Mahoning  Street  line  from  its  present  terminus  at  the  intersection  of 
Lake  Street ;  thence  eastwardly  along  the  center  of  Lake  Street  to  the 
eastern  corporation  limits  of  this  city,  and, 

Whereas,  It  appears  that  the  consent  in  writing  has  been  obtained 
of  the  owners  of  more  than  one-half  of  the  feet  front  of  the  lots  and  lands 
abutting  upon  said  Lake  Street  between  Mahoning  Street  and  the  eastern 
corporation  line  of  this  city,  along  which  it  is  proposed  to  construct  the 
said  extension,  and  said  consent  has  been  produced  to  this  Council,  now, 
therefore, 

Section  I.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
that  said  The  Canton-Massillon  Electric  Railway  Company,  its  successors 
and  assigns  be,  and  it  is  hereby  granted  the  right  to  construct,  maintain 
and  operate  an  extension  of  its  line  of  Street  Railway  froim  the  intersection 
of  Mahoning  and  Lake  Streets;  thence  eastwardly  along  the  center  ol 
said  Lake  Street  to  the  present  eastern  corporation  line  of  said  city,  and 
the  right  to  erect,  maintain  and  operate  all  poles,  trolley  wires  and  other 
wires  necessary  in  the  operation  of  said  extension ;  and  said  extension  shall 
be  constructed,  operated  and  maintained  in  the  same  manner  as  in  the 
present  line  of  said  Company's  Street  Railway  in  the  city,  and  all  the  pro- 
visions of  an  ordinance  passed  by  the  Council  of  the  City  of  Canton,  Ohio, 
on  March  31,  1894,  entitled,  "An  ordinance  granting  to  the  Canton  Street 
Railway  Company  the  right  to  construct,  maintain  and  operate  a  Street 
Railway  upon  certain  streets  in  the  City  of  Canton,  and  prescribing  the 
terms  and  conditions  upon  which  the  same  shall  be  done  under  such 
grant"  and  the  several  amendments  thereto,  in  so  far  as  they  are  applicable, 
shall  govern  said  Company  in  the  construction,  operation  and  maintenance 
of  its  operation ;  and,  in  respect  to  its  said  extension,  it  shall  have  all  the 


224 


REVISED  ORDINANCES 


rights,  privileges  and  franchises  thereby  granted  to  it  for  its  lines,  of  rail- 
way heretofore  constructed ;  and  the  terms  and  provisions  of  said  ordi- 
nance and  the  amendments  thereto,  in  so  far  as  the  same  are  applicable, 
shall  govern  the  liabilities,  obligations,  rights  and  franchises  of  said  Com- 
pany, its  successors  and  assigns  in  regard  to  such  extension  in  the  same 
manner  as  if  the  said  extension  were  a  part  of  the  original  line  of  said 
Railway  Company's  Street  Railway,  constructed  heretofore  under  the  said 
former  ordinance.    But  this  grant  is  upon  the  further  conditions  to-wit: 

P'irst — Said  extension  shall  be  completed  and  in  operation  its  entire 
length  within  thirty  days  from  passage  of  this  ordinance. 

Second1 — That  the  space  between  the  rails  and  for  a  distance  of 
eighteen  inches  outside  the  rails  on  either  side  of  said  track,  shall,  forth- 
with upon  the  completion  of  said  track,  and  before  any  cars  are  operated 
on  said  extension,  be  filled  and  maintained  to  a  depth  of  ten  inches  with 
slag  or  crushed  stone,  and  be  covered  with  a  coat  of  clean  gravel ;  and 
when  said  street  or  any  part  thereof  shall  be  paved  with  brick  or  other 
material  by  order  of  the  City  Council,  said  The  Canton-Massillon  Electric 
Railway  Company,  its  successors  or  assigns  , shall  comply  with  the  pro- 
visions of  the  ordinance  hereinbefore  referred  to,  and  the  amendments 
thereto,  in  relation  to  such  paving. 

Third — That  should  any  other  Street  Railroad  Company  or  Com- 
panies desire  to  use  said  street  or  any  part  thereof  for  the  purpose  of  oper- 
ating a  line  of  street  railway  on  said  street,  the  City  Council  hereby  re- 
serves the  right  to  grant  to  such  company  or  companies  the  use  jointly 
with  the  Canton-Massillon  Electric  Railway  Company,  its  successors  and 
assigns,  the  track  and  pole  lines  laid  and  used  in  said  extension ;  and  should 
the  track  of  the  company  or  companies  so  desiring  to  use  the  track  and 
pole  lines  laid  pursuant  to  the  provisions  of  this  ordinance,  be  of  a  different 
gauge  frotm  the  track  so  laid,  the  Council  reserves  the  right  to  grant  such 
other  company  or  companies  the  right  to  lay  such  additional  rail  or  rails 
and  appliances,  and  in  such  a  manner  as  may  be  necessary  for  the  proper 
use  of  said  track,  and  such  company  or  companies  so  using  said  track  and 
pole  lines  shall  pay  The  Canton-Massillon  Electric  Railway  Company,  its 
successors  or  assigns,  such  compensation  as  may  be  mutually  agreed  upon 
between  the  company  owning  said  track  and  pole  lines  and  the  company 
or  companies  desiring  to  use  the  same ;  and  in  case  said  companies  fail 


SPECIAL  ORDINANCES 


225 


to  agree  as  to  terms  or  compensation,  the  City  Council  reserves  the  right 
to  prescribe  such  reasonable  terms,  conditions  and  compensation  as  may 
be  just  and  reasonable. 

Sec.  2.  The  rights,  privileges  and  franchises  hereby  granted  shall 
terminate  and  be  at  an  end  at  the  expiration  of  the  franchise  heretofore 
granted  for  the  Street  Railway  line  now  located  on  Mahoning  Street ; 
and  should  said  The  Canton-Massillon  Electric  Street  Railway  Company, 
its  successors  or  assigns,  fail  to  perform  any  of  the  conditions  of  this  ordi- 
nance, or  neglect  any  of  the  duties  herein  imposed,  or  fail  to  file  its  written 
acceptance  hereof,  and  fees  sufficient  to  pay  for  the  publication  of  the 
same,  with  the  City  Clerk  within  five  days  after  the  passage  hereof,  then 
the  right  and  franchise  above  granted  shall  be  forfeited  and  be  null  and 
void. 

Sec.  3.    This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 
Passed  December  20,  1897. 


AN  ORDINANCE 

Authorizing  The  Canton-Massillon  Electric  Railway  Company  to  construct 
a  second  track  for  that  part  of  its  system  lying  between  the  Public 
Square  and  the  Lake  Curve. 

Whereas,  The  Canton-Massillon  Electric  Railway  Company  on  March 
5th,  1900,  made  application  in  writing  to  ths  Council  for  authority  and 
permission  to  construct,  maintain  and  operate  a  street  railway  track  be- 
ginning at  the  intersection  of  West  Tuscarawas  Street  and  the  Public 
Square  ;  thence  along  the  west  side  of  the  Public  Square  on  a  line  to  be 
located  by  or  under  the  direction  of  the  City  Council  to  Fifth  Street ;  thence 
west  along  Fifth  Street  to  a  point  450  feet  west  of  Newton  Street ;  thence 
to  West  Tuscarawas  Street  over  private  property  to  be  secured  by  the 
Railway  Company ;  thence  west  along  West  Tuscarawas  Street  to  the 
west  corporation  line ;  thence  along  the  public  highway  to  the  point  where 
the  present  Lake  line  leaves  said  highway  and  known  as  the  Lake  curve, 
the  additional  track  to  be  extended  to  the  lake  upon  the  right  of' way  of  the 


226 


REVISED  ORDINANCES 


Railway  Company,  due  notice  of  which  application  was  published  as  re- 
quired by  law,  and, 

Whereas,  Said  Railway  Company  has  obtained  and  submitted  to  the 
Council  the  assent  in  writing  of  the  owners  of  a  majority  of  the  foot 
frontage  of  the  several  properties  abutting  upon  those  parts  of  the  several 
streets  and  highway  along  and  upon  which  said  track  is  to  be  laid. 

Section  I.  Be  it  ordained  by  the  Council  of  the  City  of  Cantor 
Ohio,  that  The  Canton-Massillon  Electric  Railway  Company,  under  the 
conditions  and  subject  to  the  requirements  hereinbefore  set  forth,  be  and 
it  is  hereby  authorized  to  construct  and  thereafter  to  maintain  and  operate 
during  the  time  for  which  said  company  has  acquired  or  may  acquire  the 
rights  to  operate  its  existing  track,  a  street  railway  track  upon  and  along 
the  route  in  the  preamble  described,  the  same  to  be  a  part  of  its  system 
and  an  extension  and  an  improvement  thereof,  and  in  connection  with  the 
existing  track  to  constitute  a  double  track  railway  for  that  part  of  its 
system,  the  track  upon  the  Public  Square  and  Fifth  Street  to  be  used  as  a 
loop  in  connection  with  the  track  on  Tuscarawas  Street. 

Sec.  2.  The  foregoing  grant  is  upon  condition  that  said  Railway 
Company  shall  reconstruct  its  existing  track  on  West  Tuscarawas  Street 
and  public  highway,  and  shall  construct  the  new  track  hereby  authorized, 
to  the  gauge  of  4  feet  8  and  one-half  inches  instead  of  the  present  gauge 
of  four  feet  of  new  girder  rail  and  with  tram  head  of  not  less  than  70  lbs. 
to  the  yard. 

Where  both  said  tracks  are  laid  upon  the  same  street  the  middle  strip 
between  tracks  shall  be  5  feet  between  rails,  the  center  line  of  the  said 
middle  strip  shall  be  as  near  the  center  of  the  street  as  possible.  Where  but 
one  of  the  tracks  is  laid  upon  a  street,  the  center  line  of  the  track  shall  be 
as  near  the  center  of  the  street  as  possible. 

Sec.  3.  The  work  hereinafter  described  shall  be  done  at  the  same 
time,  and  as  a  part  of  a  general  plan  for  changing  the  gauge  of  said  Com- 
pany's entire  system  of  tracks  to  4  feet  8  1-2  inches,  as  authorized  by  an 
ordinance  of  this  Council  in  that  behalf,  and  all  street  paving  which  may 
be  disturbed  by  said  work  shall  be  relaid  in  good  workmanlike  manner, 
and  to  the  satisfaction  and  approval  of  the  City  Civil  Engineer. 

Sec.  4.  In  connection  with  said  new  track  and  reconstruction,  sai-d 
Railway  Company  is  authorized  to  construct  and  maintain  such  cross-over- 


SPECIAL  ORDINANCES 


227 


switches  between  said  tracks  and  such  curves,  turn-outs,  pole-lines,  wires, 
etc.,  as  may  be  necessary  and  proper  for  the  operation  thereof  by  electricity. 
The  location  of  said  work  and  the  proposed  line  on  the  Public  Square  and 
passing  tracks,  to  be  built  in  connection  therewith,  to  be  under  the  control 
of  the  standing  committee  on  Streets  and  Alleys  of  the  City  Council. 

Sec.  5.  -  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  legal  publication,  but  no  work  shall  be  done  under  this 
ordinance  until  said  Railway  Company  shall  have  filed  with  the  City  Clerk 
its  written  acceptance  of  the  provisions,  terms  and  conditions  of  this  ordi- 
nance, and  when  so  filed  this  ordinance  and  acceptance  shall  constitute  an 
agreement  between  the  city  and  said  company. 

Passed  April  12,  1900. 


Canton,  Ohio,  April  14th,  1900. 
The  Canton-Massillon  Electric  Railway  Company  hereby  accepts  the 
terms,  provisions  and  conditions  of  the  foregoing  ordinance. 

The  Canton-Massillon  Electric  Railway  Co., 

By  WM.  A.  LYNCH,  President. 


AN  ORDINANCE 

Extending  the  rights  and  franchises  of  the  Canton-Massillon  Electric  Rail- 
way Company. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 
Ohio,  that  the  Canton-Massillon  Electric  Railway  Company  having  ac- 
quired the  rights  and  franchises  heretofore  granted  to  the  Canton  Street 
Railway  Company,  the  Lake  Side  Street  Railway  Company,  Percy  S. 
Sowers  and  Wm.  A.  Lynch  and  all  others  under  which  street  railways  have 
been  built  and  are  now  operated,  partly  within  and  partly  outside  the  cor- 
porate limits  of  this  city,  and  said  railway  company  proposes  to  change  the 
gauge  and  largely  reconstruct  said  street  railways,  that  the  term  and 
duration  of  said  rights  and  franchises  to  maintain  and  operate  said  street 
railways  is  hereby  extended  for  the  period  of  twenty-five  (25)  years  from 
April  1,  1900. 


228 


REVISED  ORDINANCES 


Sec.  2.  The  foregoing  extension  of  said  rights  and  franchises  is  subject 
to  the  condition  that  said  railway  company  shall  without  unreasonable 
delay  and  within  one  year  from  the  taking  effect  of  this  ordinance  change 
the  gauge  of  its  tracks  from  four  feet  to  four  feet  eight  and  one-half  inches, 
and  shall  reconstruct  its  tracks  in  a  substantial  manner,  and  relay  all  pave- 
ment which  may  be  disturbed  in  a  good  and  workmanlike  manner  and  to 
the  satisfaction  and  approval  of  the  City  Civil  Engineer. 

Sec.  3.  Said  extension  is  further  upon  the  condition  that  said  rail- 
ways shall  hereafter  be  operated,  maintained  and  repaired  in  conformity 
with  the  several  ordinances  heretofore  passed  and  now  in  force  pertaining 
thereto,  and  the  further  conditions  following,  to-wit : 

First — the  hours  for  operating  cars  shall  be  as  follows :  During  week 
days  the  first  transfer  at  Public  Square  shall  not  be  later  than  6  o'clock 
A.  M.  jand  on  Sundays  not  later  than  7:30  o'clock  A.  M.  and  the  last" 
transfer  on  all  other  days  shall  not  be  earlier  than  11  :o6  P.  M.,  reserving 
to  the  Council  the  right,  at  any  time  hereafter,  to  change  the  last  transfer 
to  11  130  o'clock  P.  M. 

Second — In  addition  to  the  cost  of  paving  required  to  be  paid  by  said 
railway  company  in  the  existing  ordinances,  said  company,  its  successors 
and  assigns,  shall  bear  the  cost  of  paving  the  space  between  all  double 
tracks  hereafter  laid. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  but  no  work  shall  be  done  under 
this  ordinance  until  said  Railway  Company  shall  have  filed  with  the  City 
Clerk  its  written  acceptance  of  the  provisions,  terms  and  conditions  of  this 
ordinance  and  when  so  filed,  this  ordinance  and  such  acceptance  shall  con- 
stitute an  agreement  between  the  city  and  said  Company. 

Passed  April  12,  1900. 


Canton,  Ohio,  April  14,  1900. 
The  Canton-Massillon  Electric  Railway  Company  hereby  accepts  the 
provisions,  terms  and  condition  of  the  foregoing  ordinance. 

The  Canton-Massillon  Electric  Railway  Co,. 

By  WM.  A.  LYNCH,  President. 


SPECIAL,  ORDINANCES 


229 


AN  ORDINANCE 

To  establish  an  Electric  Street  Railway  Route  on  Certain  Streets  in  the 
City  of  Canton,  Ohio,  to  be  Known  as  Route  No.  5. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Canton,  Ohio,  as 
follows : — 

Section  1.  That  an  electric  street  railway  route,  to  be  known  as 
Route  No.  5,  be  and  the  same  is  hereby  established  as  follows : 

Commencing  at  the  intersection  of  the  north  corporation  line  of  said 
city  with  Oxford  Street  continued  north  to  said  corporation  line ;  thence 
south  on  Oxford  Street  to  Lake  Street;  thence  east  on  Lake  Street  to 
North  McKinley  Avenue;  thence  south  on  North  McKinley  Avenue  to 
West  Third  Street ;  thence  east  on  Third1  Street  to  North  Market  Street ; 
thence  south  on  Market  Street  to  Ninth  Street;  thence  west  on  Ninth 
Street  to  Cleveland  Avenue ;  thence  north  on  Cleveland  Avenue  to  West 
Third  Street. 

The  said  electric  railway  to  be  built  and  established  in  and  upon  said 
route,  shall  be  constructed,  equipped  and  operated  in  the  following,  manner, 
to-wit : 

First.  Said  electric  railway  shall  be  constructed  with  single  track,  with 
all  proper  and  necessary  switches  and  turnouts,  except  that  no  switches  or 
turnouts  are  to  be  constructed  on  that  part  of  Market  Street  and  Cleveland 
Avenue  covered  by  this  ordinance. 

Said  railway  shall  be  of  gauge  known  as  standard  gauge,  and  no 
other,  and  the  track  shall  be  laid  as  near  to  the  center  of  the  street  over  the 
entire  route  as  practicable,  except  on  Market  Street,  from  Third  Street 
to  Ninth  Street,  where  the  track  shall  be  laid  east  of  and  as  near  to  the 
track  of  The  Canton-Massillon  Electric  Railway  as  practicable,  and  with 
the  right  toj  cross  and  re-cross  any  and  all  the  tracks  of  the  Canton-Mas- 
sillon Railway  where  needed. 

Second.  At  the  time  of  building  said  track,  and  before  cars  are  oper- 
ated thereon,  the  person  or  cdtmpany  constructing  the  same  shall,  on  all 
streets  not  paved,  fill  or  cause  to  be  filled  within  the  rails,  and  for  a  spact 
of  eighteen  inches  on  the  outside  of  the  rails  to.  the  depth  of  ten  inches, 
with  broken  stone  or  slag,  and  the  whole  to  be  covered  with  a  coat  of 


230 


REVISED  ORDINANCES 


clean  gravel,  and  shall  cause  the  same  to  be  permanently  maintained,  or 
until  said  streets  are  paved,  as  hereinafter  provided. 

Third.  Said  track  shall  be  laid  to  the  present  surface  grade  on  all 
the  streets  over  which  it  shall  be  located,  and  should  a  change  be  hereafter 
made  in  the  grade  of  any  of  said  ■  streets,  the  person  or  company  owning 
or  controlling  the  said  tracks  shall  make  the  same  conform  to  said  change 
of  grade,  when  ordered  so  to  do  by  the  City  Council,  without  receiving  or 
being  entitled  to  receive  any  compensation  or  damages  by  reason  of  said 
change  of  grade,  and  said  person  or  company  shall  not  be  required  to 
change  the  grade  of  said  railway  more  than  once  after  said  railway  has 
been  laid  to  grade  given  by  said  city. 

Fourth.  Where  said  tracks  are  constructed  on  said  streets  heretofore, 
or  which  may  hereafter,  and  before  said  tracks  are  laid,  be  paved  with  brick 
or  other  material,  the  person  or  company  constructing  said  track  shall  relay 
the  paving  taken  up  by  it  in  the  construction  of  said  track  in  the  same  man- 
ner in  which  it  was  originally  laid,  and  the  same  shall  be  done  to  the  satis- 
faction and  approval  of  the  City  Civil  Engineer. 

Fifth.  The  motive  power  to  be  used  in  propelling  cars  on  said  line 
shall  be  electricity,  or  any  other  motive  power,  except  steam. 

Sixth.  The  right  to  operate  and  construct  said  street  railway  shall 
include  the  right  to  erect  poles  and  string  trolley  wires,  and  such  other  wires 
and  appliances  as  are  proper  and  necessary  for  conducting  the  electric 
current  for  propelling  cars  and  maintaining  light. 

.Said  poles  shall  be  of  wood  or  iron  not  less  than  twenty-five  feet  in 
height,  shall  be  firmly  set  in  the  ground  a  depth  of  at  least  four  feet,  shall 
be  placed  as  nearly  as  practicable  a  uniform  distance  of  115  feet  apart,  and 
shall  be  placed  near  the  curl)  line  of  said  street,  and  be  so  located  as  not  to 
interfere  with  the  ingress  or  egress  of  abutting  property.  The  City  Coun- 
cil and  the  standing  Committee  on  Streets  and  Alleys  of  the  City  Council 
shall  have  power  and  authority  to  change  the  location  and  order  the  re- 
moval of  any  of  said  poles,  and  they  may  be  temporarily  removed  when 
necessary,  when  any  improvements  or  repairs  are  being  made  by  the 
authority  of  the  City  Council.  Said  poles  shall  be  painted  when  erected 
and  shall  be  kept  properly  repainted. 

The  wires  herein  mentioned  shall  be  provided  with  approved  appli- 
ances for  the  protection  of  life-  and  property,  and  to  be  so  laid,  placed  and 


SPECIAL  ORDINANCES 


231 


constructed  as  not  to  interfere  in  any  manner  with  the  wires  and  appliances 
of  the  city's  fire  alarm  system  or  police  patrol  system,  or  any,  other  wires 
that  may  be  hereafter  used  and  controlled  by  the  city,  and  the  city  shall 
have  the  right  to  use  any  and  all  of  said  poles  for  its  said  wires,  free  of 
cost. 

Seventh.  The  cars  to  be  used  on  said  line  shall  be  provided  with 
illuminated  signs,  and  all  the  latest  improved  appliances  for  the  comfort 
and  protection  of  passengers  and  employes,  having  special  reference  to 
lighting  and  heating,  and  to  be  provided  with  vestibules  at  the  forward  end 
thereof  during  the  months  of  November,  December,  January,  February 
and  March  of  each  year.  They  shall  be  provided  at  either  end  with  a 
suitable  signal  light,  which  shall  be  kept  lighted  and  burning  at  night,  and 
they  shall  be  provided  at  the  forward  end  with  a  bell  or  gong.  All  rails 
for  said  track  to  be  girder  or  flange  rails,  and  to  weigh  not  less  than  seventy- 
five  pounds  per  yard. 

Eighth.  Work  shall  be  commenced  on  said  line  within  ninety  days 
after  the  passage  of  the  ordinance  granting  the  franchise,  and  shall  continue 
without  unnecessary  delay  until  the  line  is  completed  and  in  operation 
within  one  year  from  the  passage  of  the  ordinance  granting  the  franchise 
for  the  construction  and  operation  of  said  street  railway. 

Ninth.  At  least  one  car  per  hour,  from  6:30  a.  m.,  or  earlier,  to  10:30 
p.  m.,  or  later,  shall  be  operated  over  said  line  daily. 

Section  2.  Whenever  the  City  Council  shall  cause  any  of  the  streets 
in  and  through  which  said  route  is  established  to  be  graded,  re-graded, 
paved  or  re-paved  with  gravel,  boulders,  fire  brick,  or  such  other  material 
as  may  be  deemed  proper,  or  to  be  both  graded  and  paved,  then  the 
person  or  company  operating  said  street  railway  shall  pay  so  much  of  the 
expense  thereof  as  may  be  necessary  to  grade  or  pave  the  space  between 
the  rails  of  their  tracks,  and  for  a  distance  of  eighteen  inches  outside  of 
the  rails  on  either  side  of  said  track,  and  the  space  betwren  the  main  track 
and  all  switches  and  turnouts,  upon  the  same  terms  and  conditions  that  may 
be  prescribed  for  abutting  property  owners ;  all  street  pavements  removed 
shall  be  relaid  in  same  manner  and  with  similar  material  as  before  laid,  and 
under  the  direction,  of  an  inspector,  to  be  appointed  by  the  City  Council, 
to  be  paid  not  exceeding  three  dollars  per  day  by  the  person  or  company 


232 


RKVISKD  ORDINANCES 


building  said  railway,  and  all  street  crossings  to  be  replaced  as  soon  as 
possible  after  removing  same. 

Sec.  3.  The  person  or  company  owning  or  operating  said  street  rail- 
way line  shall  keep  its  road  bed  and  any  and  all  street  paving  between  its 
rails,  and  eighteen  inches  outside  of  the  rails,  in  good  and  continuous  repair, 
and  upon  failure  so  to  do  within  twenty  days  after  the  adoption  of  a  reso- 
lution by  the  City  Council  to  the  effect  that  such  repair  is  necessary,  the 
City  Council  reserves  the  right  to  cause  such  repair  to  be  made  through  its 
Street  Commissioner  or  City  Civil  Engineer  and  for  the  cost  thereof  re- 
port to  the  City  Council,  and  such  person  or  company  shall,  upon  demand, 
pay  to'  the  City  of  Canton  the  amount  thereof. 

Sec.  4.  The  person  or  company  operating  said  street  railway  shall,  at 
all  times,  defend,  keep  harmless  and  indemnify  the  City  of  Canton  from 
all  damages,  lawful  claims  and  demands  for  injuries  to  person  or  property, 
and  costs  and  expense  to  which  said  city  may  be  subjected  or  made  liable 
by  any  procedings  at  law  or  in  equity,  or  otherwise  growing  out  of  the 
granting  of  privileges  in  this  ordinance  set  forth,  or  out  of  the  exercise 
or  enjoyment  of  the  same. 

Sec.  5.  The  franchise  for  the  building  and  operating  of  a  street  rail- 
way on  said  route  to  be  granted  by  ordinance  to  be  hereafter  passed  shall 
be  for  the  term  of  twenty-five  years  from  the  passage  of  such  ordinance. 

Sec.  6.  The  ordinance  hereafter  to  be  passed  granting  a  franchise 
for  the  constructing  and  operating  of  a  street  railway  on  said  route  shall 
contain  a  provision  that  should  the  person  or  persons,  or  company  to  whom 
said  franchise  is  granted,  their  successors  or  assigns,  fail,  neglect  or  refuse 
to  comply  with  any  of  the  provisions  of  this  ordinance,  or  shall  fail  without 
just  cause,  to  operate  any  cars  on  said  line  for  a  period  of  ten  consecutive 
days,  and  after  written  notice  of  said  violation  of  this  provision  being  given 
said  company  or  person,  and  ten  days  elapse  after  the  service  of  said  written 
notice  thereof  and  the  continuation  of  said  violation,  then  said  franchise 
shall  be  forfeited  and  become  null  and  void,  at  the  option  of  the  City 
Council. 

Sec.  7.  The  City  Clerk  is  hereby  directed  to  advertise  for  sealed  pro- 
posals to  construct  and  operate  said  street  railway  as  established  in  Section 
(  )ne  hereof,  for  a  period  of  one  week  as  provided  by  law. 


SPECIAL  ORDINANCES 


233 


All  persons  bidding  for  the  right  to  construct  and  operate  said  street 
railway  shall,  as  a  condition  precedent  to  the  consideration  of  their  bid, 
procure  the  right  of  way  from  the  owners  thereof  of  all  real  estate,  included 
in  the  above  described  route,  which  has  not  been  heretofore  dedicated  for 
street  purposes,  and  shall  file  with  such  bid  proper  deeds  to  the  City  of 
Canton,  Ohio,  for  all  right  of  way  included  in  said  route,  and  not  hereto- 
fore dedicated  for  street  purposes,  and  shall  also  file  with  such  bid  a  bond 
to  the  City  Council  of  Canton  in  the  sum  of  five  hundred  dollars,  condi- 
tioned for  the  construction  and  operation  of  said  street  railway  according  to 
terms  and  conditions  hereinbefore  set  out,  and  which  sum  shall  become 
due  and  payable  to  said  city  as  liquidated  damages  in  case  of  failure  so  to 
construct  and  operate  said  street  railway. 

Sec.  8.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  and  the  payment  of  the  expense  of 
the  publication  hereof  by  the  company  or  party  to  whom  said  franchise 
is  granted. 

Passed  April  8,  1901. 

A.  H.  ECKHARDT,  President  of  Council. 
Attest :    LOUIS  N.  LEY,  City  Clerk. 


AN  ORDINANCE 

Granting  Permission  to  Construct  and  Operate  an  Electric  Railway  in  the 
City  of  Canton,  Ohio,  on  What  is  Known  as  "Route  Number  Five." 

Whereas,  the  City  Council  of  the  City  of  Canton,  Ohio,  did,  by  Ordi- 
nance passed  on  the  8th  day  of  April,  1901,  establish  Street  Railway  Route 
Number  Five ;  and 

Whereas,  Charles  C.  Loyd,  City  Clerk  of  said  city,  in  pursuance  of  the 
direction  in  said  ordinance  contained,  did  give  public  notice  by  publication 
in  The  News-Democrat  and  the  Evening  Repository,  newspapers  published 
daily  in  said  city,  and  of  general  circulation  therein,  for  more  than  three 
consecutive  weeks  next  preceding  the  23rd  day  of  May,  1901,  advising  the 
public  that  sealed  proposals  would  be  received  until  twelve  o'clock  noon  on 
the  23rd  day  of  May,  1901,  by  the  City  Council  of  said  city,  for  the  granting 
of  the  right  to  construct,  maintain  and  operate,  for  a  period  of  twenty-five 


234 


REVISED  ORDINANCES 


years,  said  Street  Railway  Route  Number  Five,  as  established  by  said  ordi- 
nance ;  and 

Whereas,  Bids  were  received  by  said  city  council,  through  the  city 
clerk,  at  the  time  mentioned  in  said  notice,  and  which  bids  were  duly 
opened  by  said  clerk  and  presented  to  said  City  Council ;  and  it  appearing 
that  William  H.  Hoover,  Charles  A.  Kolp  and  John  C.  Welty  propose 
to  carry  passengers  on  said  Street  Railway  Route  Number  Five  at  lower 
rate  of  fare  than  any  other  bidders,  viz :  For  each  adult  passenger,  five 
cents  for  a  continuous  ride  in  one  direction.  For  each  adult  passenger, 
five  cents  per  round  trip,  with  the  right  to  disembark  and  re-embark  at  any 
point  on  said  route,  without  extra  charge,  no  transfer.  For  children  over 
five  and  under  eleven  years  of  age,  three  cents.  Children  in  arms  free. 
And  proposing  to  give  transfers  to  adult  passengers  to 'Other  lines,  at  a 
maximum  cost  of  not  to  exceed  two  and  one-half  cents; 'and  proposing 
to  sell  twenty-five  rides  for  One  Dollar,  twelve  rides. for  fifty  cents,  and 
six  rides  for  twenty-five  cents ;  and  further  proposes  to  carry,  free  of  charge, 
all  parcels,  packages  and  other  merchandise  carried  in  arms  by  passengers ; 
and  further  proposing  to  issue  excursion  tickets  to  Akron  and  return,  and  to 
intermediate  points,  at  reduced  rates,  on  Sundays  and  holidays,  and  at  such 
times  as  may  be  deemed  advisable ;  and  further  providing  and  proposing  to 
make  special  rates  for  shop  excursions  and  picnics  as  provided  for  in  said 
bid ;  and  further  proposing  and  providing  to  carry  all  firemen,  policemen 
and  city  officials  free,  the  transportation  of  policemen  and  firemen  to  be 
good  only  while  on  duty ;  and  further  proposing  and  providing  to  carry 
passengers  to  the  Catholic  cemetery  lying' north  of  the  city  limits  of  the 
City  of  Canton,  Ohio,  at  the  same  rate  of  fare  as  herein  specified  for  a  con- 
tinuous ride  in  one  direction.  And  have  also  filed  with  said  city  council  the 
written  consent  of  a  majority  of  the  property  owners  on  each  of  streets, 
avenues  or  highways,  or  parts  thereof,  contained  in  said  Street  Railway 
Route  Number  Five,  represented  by  the  foot  front  of  the  lanvd  abutting 
upon  each  of  the  streets  in  which  it  is  proposed  to  construct  said  Electric 
Street  Railway ;  and  have  also  filed  with  the  City  Council,  and  delivered  to 
said  City  of  Canton,  Ohio,  proper  and  sufficient  deeds  for  all  necessary 
premises  to  open  up  (  )xford  Avenue  to  the  north  corporation  line  of  said 
city,  being  the  deeds  of  Conrad 'Schweitzer,  Henry  A.  Cavnah,  Margaret 
E.  Miller  and  Alice  N.  and  Norman  H.  Chance,  and  that  by  reason  thereof 


SPECIAL  ORDINANCES 


235 


the  premises  contained  in  said  deeds  become  the  property  of  the  city  of 
Canton,  Ohio,  for  street  purposes.    Now,  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Canton,  Ohio,  as 
follows : 

Section  I.  That  permission  be,  and  is  hereby  granted  to  William  H. 
Hoover,  Charles  A.  Kolp  and  John:  C.  Welty,  their  heirs  and  assigns,  to 
construct,  m'aintain  and  operate  said  street  railway  route  number  five,  as 
follows : 

Commencing  at  the  intersection  of  the  north  corporation  line  of  said 
City  of  Canton,  Ohio,  at  a  point  where  Oxford  Street  or  Avenue  continued 
north  to  said  north  corporation  line' crosses  or  intersects  the  same;  thence 
south  on  Oxford  Street  to  Lake  Street ;  thence  east  on  Lake  Street  to  North 
McKinley  Avenue ;  thence  south  on  North  McKinley  Avenue  to  West 
Third  Street;  thence  east  on  West  Third  street  to  North  Market  Street; 
thence  south  on  North  Market  Street  to  Ninth  Street;  thence  west  on 
Ninth  vStreet  to  South  Cleveland  Avenue ;  thence  north  on  Cleveland  Ave- 
nue to  Third  Street. 

Sec.  2.  That  the  foregoing  grant  shall  be  for  the  term  of  twenty-five 
(25)  years,  and  shall  be  subject  to  all  the  terms,  conditions,  stipulations  and 
provisions  contained  in  an  ordinance  entitled,  "An  Ordinance  to  Establish 
an  Electric  Railway  Route  on  certain  streets  in  the  City  of  Canton,  Ohio, 
to  be  known  as  'Route  Number  Five/  passed  April  8th,  1901." 

Sec.  3.  The  rate  of  fare  shall  not  exceed  the  rates  named  in  the 
Preamble  of  this  Ordinance,  viz  :  For  each  adult  passenger  five  cents  for  a 
continuous  ride  in  one  direction.  For  each  adult  passenger  five  cents  per 
round  trip,  with  the  right  to  dis-embark  and  re-embark  at  any  point  on  said 
Route,  without  extra  charge,  no  transfer.  For  children  over  five  and  under 
eleven  years  years  of  age  three  cents.  Children  in  arms  free.  Twenty- 
five  rides  for  One  Dollar,  twelve  rides  for  fifty  cents  and  six  rides  for 
twenty-five  cents.  Transfers  to  other  lines  to  adult  passengers  at  a  maxi- 
mum  cost  to  said  Hoover,  Kolp  and  Welty,  their  heirs  and  assigns,  not  to 
exceed  two  and  one-half  cents ;  and  to  carry  passengers  and  to  sell  excur- 
sion tickets  as  provided  in  their  bid,  and  the  Preamble  of  this  Ordinance. 

Sec.  4.  It  is  further  agreed  and  provided  that  nine  hours  shall  con- 
stitute a  day's  labor  for  all  Conductors  and  Motormen  while  employed  in 
operating  said  cars.    That  all  cars,  (excepting  specials)  shall  stop  at  all 


236 


REVISED  ORDINANCES 


street  intersections  and  crossings  where  necessary  to  let  off  or  take  on 
passengers. 

Sec.  5.  The  above  grant  is  on  further  condition  that  the  said  William 
H.  Hoover,  Charles  A.  Kolp  and  John  C.  Welty,  deposit  with  City  Clerk, 
upon  the  passage  of  this  Ordinance  a  sum  sufficient  to  pay  the  costs  of  pub- 
lishing all  the  necessary  notices,  resolutions  and  ordinances  connected  with 
the  establishing  of  said  "Route  Numiber  Five,"  and  granting  said  franchise, 
and  file  with  the  City  Clerk  a  written  consent,  binding  themselves,  their 
heirs,  successors  and  assigns,  to  abide  by  and  comply  with  the  terms  and 
provisions  of  this  ordinance,  and  the  ordinance  establishing  said  "Route 
Number  Five." 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force  frolm  and  after 
its  passage  and  legal  publication. 

Passed  June  3,  1901. 

1  GEO.  H.  LEGGETT,  President  of  the  Council. 

Attest :    CHARLES  C.  EOYD,  City  Clerk. 


AN  ORDINANCE. 

An  ordinance  authorizing  the  Canton-Akron  Railway  Company  to  build, 
construct,  and  operate  a  second  track  on  Market  Street,  for  that  part 
of  its  street  railway  system  in  the  City  of  Canton,  Ohio,  lying  between 
North  and  Navarre  streets. 

WHEREAS,  The  Canton-Massillon  Electric  Railway  Company,  and 
the  Canton-Akron  Railway  Cofcnpany,  on  June  2nd,  J902,  made  application 
in  writing  to  the  City  Council  of  the  City  of  Canton,  Ohio,  for  authority 
and  permission  to  build,  construct,  maintain  and  operate  an  additional  street 
railway  track  upon  Market  Street,  between  the  intersection  of  North  and 
Navarre  streets,  in  the  City  of  Canton,  Ohio,  thereby  making  a  double  track 
between  said  points  on  said  street.  That  the  Canton-Massillon  Electric 
Railway  Company  have,  since  the  filing  of  said  application,  sold  and  trans- 
ferred all  its  interest  in  said  street  railway  system  and  property  in  said 
City  of  Canton  to  The  Canton-Akron  Railway  Company,  and  which'  com- 
pany is  now  the  owner  thereof,  and 

WHEREAS,  The  Canton-Akron  Street  Railway  Company  has  ob- 
tained, and  submitted  to  the  Council  the  assent  in  writing  of  the  owners  of 


SPECIAL  ORDINANCES 


237 


a  majority  of  the  foot  frontage  of  the  several  properties  abutting  upon  that 
part  of  Market  Street,  between  North  and  Navarre  Streets,  in  said  City  of 
Canton,  and  upon  which  said  additional  track  is  to  be  laid,  and 

WHEREAS,  Charles  C  .Loyd,  Clerk  of  said  City,  in  pursuance  of  the 
direction  of  said  Council,  did  give  public  notice  by  publication  in  the  Ev- 
ening Repository  and  News-Democrat,  newspapers  published  daily  in  said 
City,  and  of  general  circulation  therein,  for  three  consecutive  weeks  subse- 
quent to  June  2nd,  1902,  of  the  pendency  of  said  application,  NOW 
THEREFORE: 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
that  the  Canton-Akron  Railway  Company,  under  the  directions  and  subject 
to  the  requirements  hereinafter  set  forth,  be  and  is  hereby  authorized  to 
build,  construct,  and  thereafter  to  maintain  and  operate  during  the  time  for 
which  said  company  has  acquired  or  may  acquire,  the  right  to  operate 
its  existing  track,  an  additional  track  upon  and  along  Market  Street  in  said 
City  of  Canton,  between  North  and  Navarre  Streets,  except  between  Fifth 
and  Tuscarawas  Streets,  as  hereinbefore  set  out ;  the  same  to  be  a  part  of 
its  system  and  an  extension  and  improvement  thereof,,  and  to  be  used  in 
connection  with  the  existing  track  so  as  to  constitute  a  double  track  railway 
for  that  part  of  its  system. 

Section  2  The  foregoing  grant  is  upon  conditions  that  said  railway 
company  shall  re-construct  its  existing  tracks  on  Market  Street  between 
North  and  Navarre  Streets,  except  between  Fifth  and  Tuscarawas  Streets, 
and  shall  construct  the  new  track  hereby  authorized  to  the  Standard  Guage, 
of  girder  rail,  and  similar  to  that  now  in  use  on  said  street,  except  between 
Fifth  and  Tuscarawas  Streets,  the  track  or  tracks  now  laid  on  said  Market 
Streets  ,between  North  and  Navarre  Streets,  shall  be  taken  up,  and  instead 
thereof  two  tracks  and  no  more,  laid,  and  the  center  line  of  the  middle 
strip  between  said  tracks  shall  be  as  near  the  center  of  the  street  as  possi- 
ble, and  the  distance  between  the  center  rails  of  said  tracks  shall  not  exceed 
five  feet,  provided,  however,  that  the  present  east  track  on  said  Market 
Street,  between  Fifth  and  Tuscarawas  Streets,  known  as  "The  Canton-Akron 
Track"  shall  be  taken  up  and  permanently  removed,  so  that  there  shall  be 
but  four  tracks  on  said  Market  Street,  between  Fifth  and  Tuscarawas 
Streets.  Said  railway  company  to  lay  a  single  track  on  said  Market  Street 
where  the  same  crosses  the  tracks  of  the  Pittsburg,  Fort  Wayne  &  Chicago 
Railway  Cdmpany. 


238 


REVISED  ORDINANCES 


Sec.  3.  In  connection  with  said  double  tracking  said  railway  company 
is  hereby  authorized  to  construct  and  maintain  such  cross  over  switches 
between  said  tracks  and  such  curves,  pole  lines,  wires,  etc.,  as  may  be  neces- 
sary and  proper  for  the  construction  and  operation  thereof  by  electricity, 
and  all  street  paving  which  may  be  disturbed  by  said  work  shall  be  relaid 
in  good  workmanlike  manner,  with  the  same  kind  of  material  as  taken  up, 
and  the  same  to  be  done  to  the  satisfaction  and  approval  of  the  City  Civil 
Engineer,  and  said  work  to  begin  within  thirty  days  from  the  passage  and 
acceptance  of  this  ordinance,  and  to  be  completed  within  ninety  days  there- 
after. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  but  no  work  shall  be  done  under 
this  ordinance  until  the  Canton-Akron  Railway  Company  shall  have  filed 
writh  the  City  Clerk  its  written  acceptance  of  the  provisions,  terms  and 
conditions  of  this  ordinance,  within  fifteen  days  after  its  passage  and  publi- 
cation, and  shall  have  paid  the  expenses  incident  thereto,  and  when  so  filed 
and  said  payment  made,  this  ordinance,  together  with  the  acceptance  there- 
of shall  constitute  an  agreement  between  the  City  and  the  said  The  Canton- 
Akron  Railway  Company,  its  successors  and  assigns. 

Passed  July  28,  1902. 

GEORGE  W.  GOOD, 
President  of  the  Council. 

Attest :    C.  C.  LOYD,  City  Clerk. 

Published  in  the  Evening  Repository  July  30  and  August  6. 


SPECIAL  ORDINANCES 


239 


AN  ORDINANCE. 

An  ordinance  authorizing  The  Canton-Akron  Railway  Company  to  con- 
struct, maintain  and  operate  a  second  track  for  that  part  of  its  system 
of  street  railways  within  the  City  of  Canton,  Ohio,  on  Market  Street, 
between  North  and  Navarre  streets,  also  the  right  to  extend  its  lines 
on  West  South  ,  Prospect,  Cedar  and  South  Cherry  streets,  in  the  City 
of  Canton,  Ohio,  also  extending  the  rights  and  franchises 
of  The  Canton-Massillon  Electric  Railway  Company  and  the 
Canton-Akron  Railway  Company  to  amend  certain  ordinances 
heretofore  passed  by  the  City  Council  of  the  City  of  Canton, 
Ohio,  granting  certain  rights  and  franchises  to  The  Canton  Street 
Railway,  The  Lakeside  Street  Railroad  Company,  Percy  S.  Sowers 
and  William  A.  Lynch,  The  Canton-Massillon  Electric  Railway  Com- 
pany and  The  Canton-Akron  Railway  Company,  and  to  grant  certain 
rights  and  privileges  to  the  Canton-Akron  Railway  Company. 

WHEREAS,  In  the  judgment  and  opinion  of  the  City  of  Council 
of  the  City  of  Canton,  Ohio,  it  is  necessary  for  the  proper  accommodation 
of  the  patrons  of  the  street  railways  in  the  City  of  Canton,  Ohio,  that  an 
extra  track  be  laid  on  Market  Street,  between  North  and  Navarre  streets, 
thereby  giving  to  The  Canton-Akron  Company  a  double  track  between 
North  and  Navarre  streets  on  Market  street,  together  with  such  additional 
tracks  as  there  already  are  between  Fifth  and  Seventh  streets,  and 

WHEREAS,  written  consent  from  a  majority  of  the  owners  of  lots 
and  lands  abutting  upon  South  street  between  Market  and  Prospect  streets 
on  Prospect  street  between  South  and  Cedar  streets,  and  on  Cedar  street 
between  Prospect  street  and  the  west  corporation  line  of  the  City  of  Canton, 
have  been  produced  to  the  City  Council  of  Canton,  Ohio,  and  which  written 
consents  provide  that  an  extension  of  the  present  lines  of  The  Canton- 
Akron  Railway  Company  may  be  laid  upon  said  streets  between  said  points, 
and 

WHEREAS,  the  City  Council  desires  that  The  Canton-Akron  Railway 
Company  shall  extend  its  lines  froim  Tenth  street  on  Cherry  street  to 
Charles  street,  as  soon  as  the  railroads  crossing  said  Cherry  street  are 
either  elevated,  or  an  overhead  crossing  is  provided  for  said  street  railway, 
and 


240 


REVISED  ORDINANCES 


WHEREAS,  the  City  Council  desires  and  demands  that  transfers  be 
given  all  persons  boarding  and  entering  the  cars  of  The  Canton-Akron 
Railway  Company  within  the  limits  of  the  City  of  Canton,  and  paying  the 
established  fare,  to  any  of  the  lines  of  The  Canton-Akron  Railway  Company 
within  the  City  of  Canton  and  also  to  the  cars  to  be  operated  on  "Route 
Number  Six,"  and  to  any  and  all  extensions  hereafter  made  by  The  Canton- 
Akron  Railway  Company,  and  to  the  owners  and  operators  of  Route  Num- 
ber Six,  within  the  limits  of  the  City  of  Canton,  Ohio,  and 

WHEREAS,  in  consideration  of  the  provisions  contained  in  this  or- 
dinance, the  laying  of  an  extra  track  on  Market  street,  the  extension  of  the 
lines  on  South,  Prospect  and  Cedar  streets,  and  the  further  agreement  to 
extend  on  South  Cherry  street,  as  hereinbefore  provided,  and  the  granting 
to  passengers  boarding  the  cars  of  The  Canton-Akron  Railway  Company, 
within  the  limits  of  the  City  of  Canton,  transfers  to  other  lines  of  The 
Canton-Akron  Railway  Company,  and  Route  Number  Six,  and  all  exten- 
sions thereto,  and  the  granting  to  The  Canton-Akron  Railway  Company 
a  renewal  of  the  rights  and  franchises  heretofore  granted  to  The  Canton 
Street  Railway  Company,  The  Lakeside  Street  Railroad  Company,  Percy 
S.  Sowers  and  William  A.  Lynch,  The  Canton-Massillon  Electric  Railway 
Company  and  The  Canton-Akron  Railway  Company,  for  the  term  of  twenty- 
five  years  from  the  date  of  the  passage  of  this  ordinance,  and  the;  amend- 
ment of  all  ordinances  heretofore  passed,  granting  said  rights  and  fran- 
chises so  as  to  provide  for  and  establish  a  uniform  rate  of  fare  over  all  of 
said  lines,  and  the  amending  of  said  ordinances  as  hereinafter  provided,  and 

WHEREAS,  it  is  the  judgment  and  opinion  of  the  City  Council  oi 
the  City  of  Canton,  Ohio,  that  it  is  to  the  interests  of  the  City  of  Canton 
to  amend  said  ordinances  as  hereinafter  set  forth,  and  in  consideration  that 
The  Canton-Akron  Railway  Company  complies  herewith,  and  files  its  writ- 
ten acceptance  hereto,  and  thereby  agrees  to  lay  said  extra  track  on  Market 
street,  to  build  said  extensions  as  herein  provided,  to  grant  said  transfers  to 
passengers  as  hereinafter  provided,  and  to  comply  with  the  provisions  of 
this  ordinance,  that  said  ordinances  be  amended,  and  the  provisions  there- 
of changed  to  as  to  correspond  herewith  ,and 

WIIKRKAS,  written  consents  from  a  majority  of  the  owners  of  lots 
lands  abutting  upon  Market  street,  between  North  and  Navarre  streets, 
in  the  City  of  Canton,  (  )hio,  have  been  procured  and  produced  to  the  City 


SPECIAL  ORDINANCES 


241 


Council  consenting  to  The  Canton-Akon  Railway  Company,  its  successors 
and  assigns  being  authorized  to  lay  an  additional  track  between  North  and 
Navarre  streets,  on  Market  street,  and 

WHEREAS,  the  City  Clerk  in  pursuance  of  the  directions  of  said 
Council,  did  give  public  notice  by  publication  in  the  E\  ening  Repository 
and  the  News-Democrat,  newspapers  published  daily  in  said  City  and  of 
general  circulation  therein  for  three  consecutive  weeks  subsequent  to  June 
2nd,  1902,  of  the  application  of  The  Canton-Akron  Railway  Company  to 
lay  an  additional  track  on  said  part  of  Market  street, 

NOW,  THREFORE  : 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton, 
Ohio,  that  The  Canton- Akron  Railway  Company  be  and  it  is  hereby  au- 
thorized to  construct,  and  thereafter  operate  and  maintain,  during  the  term 
of  twenty-five  years  from  date  hereof,  an  additional  track  upon  and  along 
Market  street  in  said  City  of  Canton,  between  North  and  Navarre  streets, 
the  same  to  be  a  part  of  its  system  and  an  extension  and  improvement 
thereof  and  to  be  used  in  connection  with  the  existing  track  so  as  to  con- 
stitute a  double  track  railway  for  that  part  of  its  system.  Said  Railway 
Company  shall  reconstruct  its  existing  tracks  on  Market  street,  between 
North  and  Navarre  streets,  and  shall  construct  the  new  track  hereby  au- 
thorized to  the  standard  Gauge  of  girder  rail,  and  similar  to  that  now  in 
use  on  said  street,  and  the  present  tracks  of  said  Company,  south  of  Tus- 
carawas street  and  north  of  a  point  north  of  Fifth  street  about  thirty-five 
feet,  on  said  Market  street,  shall  be  removed,  and  instead  thereof,  two 
tracks  laid  in  the  center  of  said  street  so  that  the  center  line  of  the  middle 
strip  between  said  tracks  shall  be  as  near  the  center  of  the  street  as  possible 
and  the  distance  between  the  center  rails  of  said  tracks,  shall  not  exceed  five 
feet.  The  present  tracks  on  said  Market  street  between  a  point  about  thirty- 
five  feet  north  of  the  north  line  of  Fifth  street  and  the  south  side  of  Tusca- 
rawas street  to  remain  as  now  located  and  as  much  farther  south  on  said 
Market  street  as  said  double  tracks  have  been  constructed ;  and  from  thence 
south  to  the  said  Navarre  street,  two  tracks  only  shall  be  laid  thereby 
making  a  continuous  double  track  from  North  to  Navarre  street.  The 
extreme  east  track  of  The  Canton-Akron  Railway  Company  between  Fifth 
and  Seventh  streets  is  to  be  removed,  and  if  not,  then  it  may  become  a  part 
of  and  embraced  in  an  extension  of  ''Route  Number  Six,"  but  permission 


242 


REVISED  ORDINANCES 


and  authority  is  hereby  granted  The  Canton-Akron  Railway  Company  to 
place  the  necessary  connecting  switches  from  its  double  track  to  said  east 
track  so  to  be  operated  by  the  Company  operating  Route  Number  Six, 
said  switches  to<  be  placed  on  said  Market  street  between  the  south 
line  of  Seventh  street  and  one  hundred  (100)  feet  north  of  the  north  line 
of  Fifth  street.  Said  railway  company  to  lay  a  single  track  on  said  Market 
street  where  the  same  crosses  the  tracks  of  the  Pittsburg,  Ft.  Wayne  and 
Chicago  Raiload  Company. 

(a).  In  connection  with  said  double  tracking  said  Railway  Company  1 
is  hereby  authorized  to  construct  and  maintain  such  cross-overs  and 
switches,  between  said  tracks  and  such  curves,  pole  lines,  wires,  etc.,  as  may 
be  necessary  and  proper  for  the  construction  and  operation  thereof  by  elec- 
tricity, and  all  street  paving  which  may  be  disturbed  by  said  work  shall  be 
relaid  in  good  workmanlike  manner  with  the  same  kind  of  material  that 
is  taken  up  and  the  same  to  be  done  to  the  satisfaction  and  approval  of  the 
City  Civil  Engineer  and  said  work  to  begin  within  ninety  days  after  the 
passage  of  this  ordinance  but  no  work  shall  be  done  thereon  until  the  writ- 
ten acceptance  of  this  ordinance  has  been  filed  with  the  City  Clerk  by  The 
Canton-Akron  Railway  Company. 

Sec.  2.  That  The  Canton-Akron  Railway  Company,  its  successors  and 
assigns,  is  hereby  granted  the  right  and  authority  to  construct,  maintain 
and  operate  a  street  railway,  as  an  extension  of  its  present  system  of  street 
railways,  in  the  City  of  Canton,  Ohio,  to-wit :  Beginning  at  the  intersec- 
tion of  South  and  Market  •  streets  in  said  city ;  thence  west  in  the  center 
of  said  South  street  to  the  intersection  of  Prospect  street,  with  the  right 
to  cross  the  tracks  of  the  Baltimore  and  Ohio  Railroad  on  said  South 
street;  south  on  Prospect  street  and  in  the  center  thereof  to  Cedar  street; 
thence  west  on  Cedar  street  and  in  the  center  thereof  to  the  west  corpora- 
tion line  of  said  city.  The  tracks  to  be  laid  as  near  as  possible  to  the 
center  of  said  streets  with  the  right  of  said  Company  to  build,  construct 
and  maintain  the  necessary  switches  and  turn-outs. 

(a)  Said  extension  shall  be  constructed  similar  to  the  terms  and  pro- 
visions made  for  the  building  and  construction  of  the  street  railway  known 
as  "Route  Number  Five"  with  the  right  to  erect  wooden  poles  and  string 
wires  such  as  are  proper  and  necessary  for  conducting  the  electric  cur- 
rent for  propelling  cars  and  maintaining  light. 


SPECIAL,  ORDINANCES 


243 


(b)  Work  upon  said  extension  shall  be  commenced  by  The  Canton- 
Akron  Railway  Company,  its  successors  and  assigns,  within  two  years  from 
the  passage  of  this  ordinance,  and  shall  be  completed  within  three  years 
from  date  thereof.  The  life  of  the  franchise  of  said  extension  shall  be  twen- 
ty-five years  from  date  of  the  passage  of  this  ordinance. 

(c.)  For  the  purpose  of  poviding  a  location  for 'the  feed  wires  to  furn- 
ish power  to  operate  the  cars  on  said  extension  permission  and  authourity 
is  hereby  granted  and  given  to  The  Canton-Akron  Railway  Company, 
its  successors  and  assigns  to  erect  the  necessary  poles  and  suspend  said 
feed  wires  thereon  on  Schroyer  avenue  in  said  City  between  Tuscarawas 
and  South  streets,  the  location  of  said  poles  to  be  designated  by  the  City 
Civil  Engineer  and  for  the  purpose  of  supplying  'Route  Number  Five" 
with  the  necessary  power,  permission  and  authority  is  hereby  granted  The 
Canton- Akron  Railway  Company,  'its  successors  and  assigns,  to  have  re- 
main the  poles  that  have  heretofore  been  placed  on  Third  street  between 
the  power  house  of  said  The  Canton-Akron  Railway  Company  and  Fulton 
street ;  thence  north  on  Fulton  street  to  Lake  street ;  thence  east  on  Lake 
to  Oxford  street  with  the  necessary  feed  wire  and  cables  that  have  been 
strung  thereon  and  which  poles  were  so  placed,  and  wires  so  suspended, 
by  and  with  the  consent  of  the  City  Council  of  Canton,  Ohio,  for  the  pur- 
pose of  suspending  thereon  the  said  feed  wires  and  cables  to  be  used  by  it 
in  the  operating  of  its  cars  and  such  right  to  continue  during  the  life  of 
its  franchise. 

Sec.  3.  The  Canton-Akron  Railway  Company,  its  successors  and  as- 
signs are  hereby  authorized  and  empowered  and  given  the  right  and  au- 
thority to  extend  its  present  track  on  Cherry  street  between  the  intersec- 
tion of  Tenth  and  Charles  streets,  so  as  to  make  a  continuous  line  on  Cher- 
ry street  from  Tuscarawas  to  Charles  street,  said  extension  to  be  con- 
structed and  in  operation  within  one  year  after  the  railroad  tracks  now 
crossing  said  Cherry  street  are  either  elevated  or  removed,  or  a  viaduct 
built  thereover,  and  the  consents  secured  for  such  extension  on  said  street, 
from  a  majority,  per  foot  front,  of  the  property  owners  thereof,  and  such 
extension  when  so  made  shall  be  upon  the  same  terms  and  conditions  and 
constructed  in  like  manner  as  the  extension  hereinbefore  provided  for  on 
South,  Prospect  and  Cedar  streets. 


244 


REVISED  ORDINANCES 


Sec.  4.  Permission  and  authority  is  hereby  granted  the  Canton- 
Akron  Railway  Company,  its  successors  and  assigns,  to  place  the  necessa- 
ry connecting  curves  at  the  inersection  of  Cleveland  avenue  and  West  Tus- 
carawas streets,  and  at  such  other  street  intersections  as  are  necessary  in  its 
construction  and  operation  of  its  street  railway  system,  and  to  place  the 
necessary  tracks  and  switches  on  West  Tuscarawas  street  in  front  of  its  car 
barn  as  are  necessary  to  provide  proper  entrance  for  its  cars  into  said  barn. 
The  Canton-Akron  Railway  Company  shall  have  a  right  to  place  in  Fifth 
street  between  Court  street  and  Cleveland  avenue  a  spur  track,  on  the 
north  side  of  its  track  on  said  street,  for  the  purpose  of  facilitating  the 
loading  and  unloading  of  its  baggage  cars,  and  thereby  not  interfering 
with  the  operation  of  its  cars  on  the  track  on  said  Fifth  street. 

Sec.  5.  That  the  franchises  and  rights  heretofore  granted  to  The 
Canton-Massillon  Electric  Railway  Company  and  The  Canton-Akron  Rail- 
way Company  be  so  amended  as,  that  authority  is  hereby  granted  to  The 
Canton-Akron  Railway  Company,  its  successors  and  assigns,  the  right  to 
transport  over  its  said  lines  in  said  City,  express  m'atter,  United  States 
mail,  baggage,  freight  and  packages,  in  addition  to  transporting  passengers 
thereon. 

Sec.  6.  In  consideration  of  the  terms  and  provisions  of  this  ordinance 
and  for  the  purpose  of  providing  a  uniform  rate  of  fare  for  all  passengers, 
and  to  provide  transfers  for  passengers  boarding  any  of  the  City  bound 
cars  of  The  Canton-Akron  Railway  Company  within  the  city  limits  of  the 
City  of  Canton,  Ohio  to  its  other  lines,  or  to  the  lines  contained  in  Street 
Railway  Route  Number  Six,  and  any  extension  thereof,  it  is  hereby  or- 
dained that  a  uniform  fare  of  five  cents  for  each  adult  passenger  shall  be 
charged  by  said  The  Canton-Akron  Railway  Company,  its  successors  and 
assigns,  for  any  passenger  boarding  any  of  its  cars  within  the  limits  of  the 
City  of  Canton  and  which  said  fare,  when  so  paid  on  any  City  bound  pas- 
senger car,  shall  entitle  said  passenger  to  ride  to  the  public  square  of  said 
city,  and  further  entitle  said  passenger  to  a  transfer  check,  or  ticket,  to 
any  other  line  of  said  company's  street  railways  in  said  city,  or  the  lines  of 
any  extension  of  said  Company,  which  it  may  make  hereafter  in  said  city, 
or  to  the  lines  of  the  Company  operating  Route  Number  Six  or  any  of  its 
extensions  now  or  hereafter  made,  and  that  no  extra  charge  shall  be  made 
for  such  transfers  which,  however,  must  be  used  on  the  next  car  leaving 


SPECIAL  ORDINANCES 


245 


the  public  square  for  destination  indicated,  after  arrival  at  said  public  square 
of  the  car  upon  which  said  passenger  paid  said  fares.  That  in  consideration 
of  the  giving  of  said  transfers  by  the  said  Canton- Akron  Railway  Company 
as  provided  herein,  and  by  its  acceptance  of  this  ordinance,  Section  Three 
of  an  ordinance  entitled  "An  ordinance  granting  permission  to  construct 
and  operate  an  electric  railway  in  the  City  of  Canton,  Ohio,  on  what 
is  known  as  "Route  Number  Five,"  passed  June  3rd,  1901,  is  hereby 
amended  so  as  to  correspond  with  the  provisions  herein,  and  thereby  es- 
tablish a  uniform  rate  of  fare  on  all  the  lines  now  operated  in  the  City 
of  Canton,  Ohio.  That  twenty-four  rides  for  one  dollar,  twelve  rides 
for  fifty  cents  and  six  rides  for  twenty-five  cents,  including  transfers,  shall 
be  sold  by  said  Company.  The  provisions  herein  to  apply  to  all  the 
street  railway  lines  now  owned  and  operated  by  The;  Canton-Akron  Rail- 
way Company  in  the  City  of  Canton,  Ohio,  and  its  successors  and  assigns 
thereof. 

Sec.  7.  In  consideration  of  the  terms  and  provisions  of  this  ordin- 
ance the  rights  and  franchises  heretofore  granted  to  The  Canton  Street 
Railway  Company,  The  Lakeside  Street  Railroad  Company,  and  Percy 
S.  Sowers  and  William  A.  Lynch,  The  Canton-Massillon  Electric  Rail- 
way Company,  and  The  Canton-Akron  Railway  Company,  to  maintain 
and  operate  street  railways  within  the  limits  of  the  City  of  Canton,  Ohio, 
are  hereby  extended  for  the  period  of  twenty-five  years  from  and  after  the 
date  of  the  passage  of  this  ordinance. 

(a.)  The  foregoing  extension  of  said  rights  and  franchises  is  made 
on  condition  that  The  Canton-Akron  Railway  Company,  being  the  owner 
and  successor  of  all  the  rights  and  franchises  heretofore  granted  to  The 
Canton  Street  Railway,  The  Lakeside  Street  Railroad  Company,  Percy 
S.  Sowers  and  William  A.  Lynch,  and  The  Canton-Massillon  Electric 
Railway  Company,  accepts  the  terms  and  provisions  of  this  ordinance, 
thereby  agreeing  to  build  said  extension  herein  provided  for,  and  consents 
to  the  issuing  of  transfer  checks  as  hereinbefore  provided,  and  that  it 
file  its  written  acceptance  of  this  ordinance  as  hereinafter  provided. 

Sec.  8.  That  the  interurban  cars  of  The  Canton-Akron  Railway 
Company,  its  successors  and  assigns  shall  stop  to  take  on  and  leave  off 
passengers  at  all  street  crossings  and  intersections  when  operated  on 
streets  where  no  local  service  is  given,  and  no    local  cars  are  operated ; 


246 


REVISED  ORDINANCES 


but  when  said  interurban  cars  are  operated  on  same  tracks  and  streets 
where  City  and  local  cars  are  also  operated,  then  the  interurban  cars  of  said 
company  are  not  required  to  make  any  stops  except  at  the  Public  Square 
in  said  City. 

,Sec.  9.  The  right  and  authority  is  hereby  granted  to  The  Canton- 
Akron  Railway  Company,  its  successors  and  assigns  to  build,  construct 
and  operate  an  additional  track  upon  the  following  streets  in  said  City  of 
Canton,  towit :  On  North  street  between  Market  and  Cleveland  avenue, 
on  Cleveland  avenue  between  North  street  and  the  north  corporation  line, 
and  on  North  street  between  Market  andi  Mahoning  street ;  and  Mahon- 
ing street  between  North  and  Lake  streets ;  and  on  Lake  street  between 
Mahoning  street  and  the  east  corporation  line;  also  on  East  Tuscarawas 
street  between  the  intersections  of  Market  and  Cherry  streets,  whenever 
said  company,  its  successors  and  assigns,  procure  and  present  to  this 
Council,  the  consents  therefor  of  a  majority  per  foot  front  of  the  owners 
of  property  abutting  upon  any  or  all  of  said  streets  and  when  such  neces- 
sary consents  are  procured  and  presented  to  this  Council  then  The  Can- 
ton-Akron Railway  Company,  its  successors  and  assigns  shall  have  a 
right  to  build,  construct  and  maintain  said  additional  track  on  such  of  the 
above  named  streets  as  said  consents  have  been  so  procured  and  pre- 
sented and  when  said  additional  track  is  so  laid  the  present  track  on  such 
streets,  or  street,  shall  be  taken  up  and  moved  to  the  side  of  said  street 
so  as  that  both  of  said  tracks  shall  be  as  near  the  center  of  said  street 
as  possible  and  each  equally  distant  from  the  center  of  said  street,  or  streets 
and  the  distance  between  the  inside  rails  of  said  tracks  shall  not  be  less 
than  five  feet. 

Sec.  10;  In  the  event  that  a  waiting  and  transfer  station  is  here- 
after erected  on  the  Public  Square  in  the  City  of  Canton  by  mutual  agree- 
ment between  the  City,  County  and  the  different  street  railway  companies 
using  the  tracks  upon  the  Public  Square,  in  that  event  that  as  a  part  of  the 
consideration  of  the  passage  of  this  ordinance  The  Canton-Akron  Railway 
Company,  its  successors  and  assigns  hereby  agree  that  it  will  pay  its  pro- 
portionate share  with  the  County,  City  and  such  other  street  railway 
companies  whose  cars  use  the  tracks  on  the  public  suare,  of  the  cost  of 
the  construction  of  said  waiting  or  transfer  station  and  that  after  the 
same  is  constructed  that  the  street  railways  operating  cars  upon  the  pub- 
lic square  of  said  City  shall  thereafter  keep  the  same  in  good  repair. 


SPECIAL  ORDINANCES 


247 


Sec.  II.  That  the  provisions  of  the  following  ordinances  heretofore 
passed  by  the  City  Council  of  the  City  of  Canton,  be  so  amended  as  to 
correspond  with  the  terms,  provisions  and  conditions  of  this  ordinance, 
and  which  are  as  follows :  An  ordinance  entitled  "An  Ordinance  grant- 
ing to  The  Canton  Street  Railway  Company  the  right  to  construct, 
maintain  and  operate  a  street  railway  upon  certain  streets  in  the 
City  or  Canton,  and  prescribing  the  terms  and  conditions  upon 
which  the  same  shall  be  done  under  such  grant,"  passed  March 
31st,  1884;  an  ordinance  entitled,  "An  ordinance  granting  the 
right  of  way  to  Percy  Sowers,  his  assigns  and  successors,  to 
construct,  operate  and  maintain  a  street  railway  from  Canton, 
Ohio,  to  Meyer's  Lake,"  passed  April  2nd,  1885  ;  an  ordinance  entitled, 
"An  ordinance  granting  The  Canton  Street  Railway  Company  the  right 
to  extend  their  track  on  Cleveland  avenue  in  the  City  of  Canton,  etc.," 
passed  September  13th,  1886;  an  ordinance  entitled,  "An  ordinance  grant- 
ing to  The  Canton  Street  Railway  Company  the  right  to  extend  their 
lines  on  part  of  Tenth  street  and  Railway  street,  etc.,"  passed  January  9th, 
1888;  an  ordinance  entitled,  "An  ordinance  amending  the  franchise  of 
The  Canton  Street  Railway  Company  repealing  Section  Three  of  the  or- 
dinance granting  to  The  Canton  Street  Railway  Company  the  right  to 
construct,  maintain  and  operate  a  street  railway  upon  certain  streets 
in  the  City  of  Canton,  and  prescribing  the  terms  and  conditions  upon 
which  the  same  shall  be  done  under  such  grant,"  passed  February  4th, 
1889;  an  ordinance  entitled,  "An  ordinance  granting  to  The  Canton 
Street  Railway  Company  the  right  to  use  electricity  as  a  motive  power, 
etc.,"  passed  September  16th,  1889;  an  ordinance  entitled,  "An  ordinance 
granting  to  The  Lakeside  Street  Railroad  Company  the  right  to  use 
electricity  as  a  motive  power,  etc.,"  passed  September  23rd,  1889;  an 
ordinance  entitled,  "An  ordinance  establishing  an  electric  street  railway 
on  certain  streets  in  the  City  of  Canton,  Ohio,  to  be  known  as  "Route 
Number  Four,"  passed  October  3rd,  1898;  an  ordinance  entitled,  "An 
ordinance  granting  permission  to  construct  and  operate  a  street  railway 
in  the  City  of  Canton,  known  as  Street  Railway  Route  Number  Four," 
passed  November  5th,  1898;  an  ordinance  granting  permission  to  construct 
and  operate  a  street  railroad  on  Route  Number  Two,  on  South  Market 


248 


REVISED  ORDINANCES 


and  Bridge  streets,  in  the  City  of  Canton,  Ohio,"  passed  November  9th, 
1896;  an  ordinance  entitled,  "An  ordinance  granting  to  The  Canton- 
Massillon  Electric  Railway  Company  the  right  to  extend  its  lines  on  part 
of  Lake  street,  in  the  City  of  Canton,  Ohio,  and  to  construct,  maintain 
and  operate  said  extension  of  its  said  railway,  and  prescribing  the  terms 
and  conditins  upon  which  the  same  may  be  done,"  passed  December  20th, 
1898;  an  ordinance  entitled,  "An  ordinance  authorizing  The  Canton-Mas- 
sillon  Electric  Railway  Company  to  construct  a  second  track  for  that  part 
of  its  system  lying  between  the  public  square  and  the  Lake  curve,"  passed 
April  12  th,  1900;  an  ordinance  entitled,  "An  ordinance  extending  the 
rights  and  franchises  of  The  Canton-Masillon  Electric  Railway  Compa- 
ny," passed  April  12th,  1900;  an  ordinance  entitled,  "An  ordinance  estab- 
lishing an  electric  street  railway  on  certain  streets  in  the  City  of  Canton, 
Ohio,  to  be  known  as  Route  Number  Five,"  passed  April  8th,  1901  ;  an 
ordinance  entitled,  "An  ordinance  granting  permission  to  construct  and 
operate  an  electric  railway  in  the  City  of  Canton,  Ohio,  on  what  is  known 
as  Route  Number  Five,"  passed  June  3rd,  1901  ;  and  all  other  ordinances 
and  resolutions  heretofore  pased  and  adopted  by  the  City  Council  of  the 
City  of  Canton,  Ohio,  wherein  the  rights  and  franchises  of  The  Canton- 
Akron  Railway  Company  and  The  Canton-Massillon  Electric  Railway 
Company  were  established,  and  granted,  are  hereby  amended  so  as  to 
correspond  with  the  terms  and  provisions  of  this  ordinance. 

Sec.  12.  This  ordinance  shall  take  effect,  and  be  in  force,  fromi  and 
after  its  passage  and  legal  publication  ;  but  no  work  shall  be  done  under 
this  ordinance  until  The  Canton- Akron  Railway  Company  shall  have  filed 
with  the  City  Clerk  its  written  acceptance  of  the  provisions,  terms  and 
conditions  of  this  ordinance  ,and  shall  have  paid  the  expense  incident 
thereto,  and  when  so  filed  and  said  payment  made,  this  ordinance,  to- 
gether with  the  acceptance  thereof,  shall  constitute  an  agreement  be- 
tween the  City  of  Canton,  Ohio,  and  said  The  Canton-Akron  Railway 
Company,  its  successors  and  assigns. 

Passed  February  23,  1903. 

GEO.  W.  GOOD, 
President  of  Council. 

Attest— C.  C.  LOYD,  City  Clerk. 

Published  in  the  News-Democrat  March  5  and  12,  1903. 


SPECIAL  ORDINANCES 


249 


AN  ORDIANCE 

Authoring  the  Canton-Akron  Street  Railway  Company  to  construct, 
maintain  and  operate  a  second  track  of  its  system  of  street  railways 
within  the  City  of  Canton,  Ohio,  on  Mahoning"  Street,  between  the 
intersection  of  Lake  and  North  Streets. 

Whereas,  written  consents  from  more  than  a  majority  of  the  owners 
of  lots  and  lands  abutting  on  Mahoning  Street,  between  the  intersection 
of  North  and  Lake  streets,  have  been  produced  to  the  City  Council  of 
the  City  of  Canton,  Ohio,  consenting  that  the  Canton-Akron  Railway 
Company  may  double  track  said  Mahoning  street  between  said  intersec- 
tion of  North  and  Lake  Streets,  and 

Whereas,  in  the  judgment  and  opinion  of  the  City  Council  of  the 
City  of  Canton,  Ohio,  it  is  necessary  for  the  proper  accommodation  of  the 
patrons  of  the  street  railways  in  the  City  of  Canton,  Ohio,  that  an  extra 
track  be  laid  on  Mahoning  street  between  North  and  Lake  streets,  there- 
by giving  to  the  Canton-Akron  Railway  Company  a  double  track  on  said 
street  between  said  North  and  Lake  streets.    Now,  therefore ; 

Section  I.  Be  it  ordained  by  the  Council  of  the  City  of  Canton, 
Ohio,  that  the  Canton-Akron  Railway  Company,  be  and  it  is  hereby 
authorized  to  construct  and  thereafter  operate  and  maintain  during  the 
life-time  of  its  franchise  in  the  City  of  Canton,  Ohio,  an  additional  track 
upon  Mahoning  street  in  said  City  of  Canton,  Ohio,  between  North  and 
Lake  streets,  the  same  to  be  a  part  of  its  system  and  an  extension  and  im- 
provement thereof  and  to  be  used  in  connection  with  the  existing  track 
so  as  to  constitute  a  double  track  railway  for  that  part  of  its  syste'm.  That 
the  present  track  on  said  Mahoning  street  between  North  and  Lake 
streets,  shall  be  taken  up  and  removed  to  the  side  of  the  center  of  said 
street  so  that  when  completed  both  tracks  shall  be  equidistant  from  the 
center  of  said  street  and  that  no  switches  or  turnouts  shall  be  constructed 
on  said  Mahoning  street  between  North  and  Lake  streets,  and  that  the 
distance  between  the  center  rails  of  said  track  shall  not  exceed  five  (5) 
feet. 

Sec.  2.  That  when  completed  the  same  shall  become  a  part  of  The 
Canton-Akron  Railway  Company's  system  of  street  railways  in  the  City 


250 


REVISED  ORDINANCES 


of  Canton,  Ohio,  and  be  governed  and  controlled  by  the  provisions  of  the 
ordinance  of  the  City  Council  of  Canton,  Ohio,  passed  on  the  23rd  day  of 
February,  1903,  and  subject  to  the  terms  and  provisions  of  said  ordinance. 
Said  Canton-Akron  Railway  Company,  its  successors  and  assigns  shall 
pay  so  much  of  the  expense  of  grading  and  paving  said  Mahoning  street, 
between  North  and  Lake  Streets,  by  the  use  of  vitrified  paving  blocks  or 
such  other  material  as  the  Council  shall  determine,  as  may  be  necessary 
to  grade  and  pave  the  space  between  its  tracks  on  said  street  between  said 
points,  and  known  as  the  "Devil  Strip,"  and  between  the  rails  of  said 
tracks,  and  for  a  distance  of  nine  inches  outside  the  rails  on  either  side 
of  said  tracks. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  but  no  work  shall  be  done  under 
this  ordinance  until  The  Canton-Akron  Railway  Company  shall  have  filed 
with  the  City  Clerk  its  written  acceptance  of  the  provisions,  terms  and 
conditions  of  this  ordinance,  and  shall  have  paid  the  expenses  incident 
thereto,  and  when  so  filed  and  said  payment  made,  this  ordinance,  to- 
geher  with  the  acceptance  thereof,  shall  constitute  an  agreement  between 
the  City  of  Canton,  Ohio,  and  The  Canton-Akron  Railway  Company, 
its  successors  and  assigns. 

Passed  May  1st,  1905.  Approved  May  3rd,  1905,  by  W.  H.  Smith, 
Mayor. 

GEORGE  H.  LEGGETT, 

President  of  Council. 

C.  C.  LOYD,  Clerk  of  Council. 

ACCEPTANCE— To  the  Mayor  and  City  Council,  Canton,  Ohio. 
Gentlemen: — In  accordance  with  the  ordinance  passed  Monday,  May  1st, 
I9°5'  Dy  your  Honorable  body  for  the  double  tracking  of  Mahoning  street, 
in  the  City  of  Canton,  Ohio,  The  Canton-Akron  Railway  Company  hereby 
accepts  said  ordinance  and  enclose  herewith  check  for  the  sum  of  $50.00 
to  cover  cost  of  publication  of  same.  Yours  very  truly,  Canton-Akron 
Railway  Company,  by  E.  S.  Dimmock,  Gen.  Mgr. 


SPECIAL  ORDINANCES 


251 


AN  ORDINANCE 

To  amend  an  ordinance  establishing  a  street  railway  route  commencing 
for  the  same  at  the  north  line  of  North  street,  opposite  Orchard 
street;  thence  south  across  North  street  to  East  Second  street,  and 
thence  west  along  East  Second  street  to  the  west  line  of  Walnut 
street,  known  as  Route  No.  6,  passed  July  28,  1902. 

Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  that  the 
ordinance  passed  by  the  Council  of  the  City  of  Canton,  Ohio,  July  28, 
1902,  establishing  a  street  railway  route  known  as  Route  No.  6,  commenc- 
ing for  the  same  at  the  north  line  of  North  street;  thence  south  across 
North  street  to  East  Second  street,  and  thence  west  along  East  Second 
street  to  the  west  line  of  Walnut  street  be  so  amended  as  to  read  as 
follows : 

Section  1.  That  a  street  railway  route,  to  be  known  as  Route  No. 
6,  be  and  the  same  is  hereby  established  as  follows :  Commencing  at  the 
north  line  of  East  North  street,  immediately  opposite  Orchard  street 
and  at  the  terminus  of  the  private  right  of  way  of  The  Stark  Electric  Rail- 
way Company,  and  running  thence  across  East  North  street  on  and  along 
Orchard  street,  and  to  East  Second  street ;  thence  west  on  East  Second 
street  to  the  west  line  of  Walnut  street.  The  said  railway  to  be  built  and 
established  in  and  upon  said  route  shall  be  constructed,  equipped  and 
operated  in  the  manner  following,  to-wit : 

First. — Said  street  railway  shall  be  constructed  with  a  single  track, 
with  all  proper  and  necessary  switches  and  turnouts ;  said  railway  shall  be 
•A  a  gauge  known  as  "Standard,"  and  no  other,  and  shall  be  laid  as  near 
the  center  of  the  streets  over  which  the  same  pass,  as  is  practicable. 

Second. — At  the  time  of  building  said  track,  and  before  any  cars  are 
operated  thereon  the  person  or  company  constructing  the  same  shall  re- 
lay all  pavements  in  a  proper  manner  and  to  the  satisfaction  of  the  City 
Civil  Engineer,  and  shall  thereafter  keep  and  maintain  all  street  paving 
between  its  rails  and  for  a  distance  of  nine  (9)  inches  upon  the  outside 
of  each  rail  in  proper  repair,  and  to  the  satisfaction  of  the  City  Civil  En- 
gineer. 

Third. — Said  tracks  shall  be  laid  to  the  present  surface  grade  of  the 
streets,  over  which  the  same  is  located,  and  should  any  change  hereafter 


252 


REVISED  ORDINANCES 


be  made  in.  the  grade  of  such  streets,  the  person  or  company  owning  or 
controlling  said  tracks  shall  make  the  same  conform  to  such  changed 
grade  when  ordered  so  to  do  by  the  City  Council,  without  receiving  or 
being  entitled  to  receive  from  said  city  any  compensation  or  damages 
by  reason  of  such  change  of  grade. 

Fourth. — Said  person  or  company  so  constructing  or  operating  said 
railway  shall,  upon  the  completion  of  said  track  and  before  any  cars  are 
operated  upon  said  line,  pay  to  the  City  Clerk  the  amount  of  the  original 
cost  of  laying  all  paving  between  its  said  tracks  and  for  a  space  of  nine 
(9)  inches  upon  the  outside  of  each  rail,  and  the  amount  so  paid  to  the 
City  Clerk  shall  be  distributed  by  him  among  abutting  property  holders 
in  proportion  to  the  amount  they  severally  contributed  to  such  original 
improvement. 

Fifth. — The  motive  power  to  be  used  in  propelling  the  cars  on  said 
line  shall  be  electricity. 

Sixth. — The  right  to  construct  and  operate  said  street  railway  shall 
include  the  right  to  erect  poles  and  string  trolley  wires  and  such  other 
wires  and  appliances  as  are  proper  and  necessary  for  conducting  the 
electric  current  for  propelling  cars.  Said  poles  shall  be  of  wood  not  less 
than  twenty-five  (25)  feet  in  length,  shall  be  firmly  set  in  the  ground  a 
depth  of  at  least  four  (4)  feet ;  shall  be  placed,  as  nearly  as  practicable,  a 
uniform  distance  of  one  hundred  and  twenty-five  (125)  feet  apart,  shall 
be  placed  near  the  curb  line  of  the  street,  and  be  so  located  as  not  to  in- 
terfere with  the  ingress  and  egress  of  abutting  property.  The  standing 
committee  on  streets  and  alleys  of  the  City  Council  shall  have  power  and 
authority,  when  necessary,  to  change  the  location  and  order  the  removal 
O'i!  any  of  said  poles,  but  not  so  as  to  interfere  with  the  operation  of  said 
road ;  and  they  may  be  temporarily  removed  when  necessary  when  any 
improvements  or  repairs  are  being  made  by  the  authority  of  the  City 
Council.  Said  poles  shall  be  painted  when  erected  and  shall  be  repainted 
from  time  to  time,  as  the  Council  may  direct.  The  wires  herein  mentioned 
shall  be  provided  with  the  latest  improved  appliances  for  the  protec- 
tion of  life-  and  property,  and  shall  be  so  laid,  placed  and  constructed 
as  not  to  interfere  in  any  manner  with  the  wires  and  appliances  of  the 
City's  Fire  Alarm  System  or  Police  Patrol  System  or  any  other  wires 


SPECIAL  ORDINANCES 


253 


that  may  hereafter  be  used  and  controlled  by  the  City,  and  the  City  shall 
have  the  right  and  privilege  jointly  with  the  person  or  company  operat- 
ing said  line  of  electric  railway,  but  only  in  such  manner  as  not  to  inter- 
fere with  the  use  thereof  by  such  persons  or  company,  to  the  use  of  any 
or  all  of  said  poles,  free  of  cost. 

Seventh. — The  cars  to  be  used  on  said  line  shall  be  provided  with  all 
the  latest  improved  appliances  for  the  comfort  and  protection  of  pas- 
sengers and  employes ;  having  special  reference  to  lighting  and  heating, 
and  to  be  provided  with  vestibules  at  the  forward  end  thereof,  during  the 
months  of  November,  December,  January,  February  and  March  of  each 
year. 

They  shall  be  provided  at  either  end  and  with  a  suitable  light,  which 
shall  be  lighted  and  kept  burning  at  night,  and  shall  be  provided  at  the 
forward  end  of  each  car  with  a  bell  or  gong.  The  person  or  company 
building  or  operating  said  street  railway  line,  shall  comply  with  any  and  all 
reasonable  rules  and  provisions  that  may  be  hereafter  passed  by  the  City 
Council  touching  the  equipment  and  operation  of  said  street  railway. 

Eight. — Work  shall  be  commenced  on  said  line  within  sixty  (60) 
days,  and  shall  contiune  without  unnecessary  delays  until  the  line  is  com- 
pleted, and  in  operation  within  one  year  from  the  passage  of  the  ordinance 
granting  the  franchise  for  the  construction  and  operation  of  said  street 
railway.  i 

Ninth. — All  city  officials,  members  of  the  police  force  and  all  regu- 
lar members  of  the  Fire  Department  when  in  uniform  to  have  free  trans- 
portation over  said  route. 

Sec.  2.  The  person  or  company  using  the  street  or  electric  railway 
line  shall  keep  its  roadbed  and  any  and  all  street  paving  between  its  rails 
and  nine  (9)  inches  each  side  thereof,  in  good  and  continuous  repair,  and 
upon  failure  so  to  do  within  fifteen  (15)  days  after  the  adoption 
of  a  resolution  by  the  City  Council  to  the  effect  that  such 
repair  is  necessary  and  service  upon  such  person  or  company  of  a 
copy  thereof  by  the  City  Clerk ;  the  City  Council  reserves  the  right  to 
cause  such  repair  to  be  made  through  its  Street  Commissioner  or  City 
Civil  Engineer,  and  have  the  cost  thereof  reported  to  the  City  Council 


254 


REVISED  ORDINANCES 


who  shall  cause  the  same  to  be  certified  to  the  County  Auditor  and  placed 
on  the  tax  duplicate  for  collection  and  be  collected  as  other  taxes. 

Sec.  3.  The  person  or  company  operating  said  street  railroad  shall 
at  all  times  hereafter  defend,  keep  harmless  and  indemnify  the  City  of 
Canton  from  all  damages,  lawful  claims  and  demands  for  injuries,  against 
persons  or  property,  and  costs  and  expenses  to  which  said  city  may  be 
subject  or  made  liable  by  any  proceeding  at  law  or  in  equity,  or  otherwise, 
growing  out  of  the  grant  of  the  privileges  in  this  ordinance  set  forth  or 
out  of  the  exercise  of  the  enjoyment  of  the  same. 

Sec.  4.  The  franchise  for  the  building  and  operation  of  a  street 
railway  on  said  route,  to  be  granted  by  ordinance  to  be  hereafter  passed, 
shall  be  for  the  term  of  twenty-five  years  from  the  passage  of  such 
ordinance. 

Sec.  5.  The  ordinance  hereafter  to  be  passed,  granting  a  franchise 
for  the  construction  and  operation  of  a  street  railway  on  said  route  shall 
contain  a  provision  that  should  the  company  or  person  to  whom  such 
franchise  is  granted,  its  successors  or  assigns,  without  any  reason  there- 
for fail  to  operate  any  cars  on  said  line  for  the  periol  of  ten  (10)  consecu- 
tive days,  then  such  franchise  shall  be  forfeited  and  beco'me  null  and  void, 
at  the  option  of  the  Council  of  said  city  or  other  governing  body  having 
control  thereof.  Provided,  however,  that  if  the  failure  to  operate  cars  on 
said  line  for  the  period  above  stated,  shall  arise,  or  be  caused  by  reason 
of  washouts,  floods,  storms,  accidents,  strikes,  or  any  other  casualty  or 
cause,  not  herein  enumerated,  then  the  above  provisions  shall  not  apply, 
the  intention  being  that  the  failure  to  operate  cars,  as  provided,  shall  arise 
from  some  willful  cause  or  neglect. 

Sec.  6.  At  least  one  car  per  hour  from  6:30  o'clock  A.  M.,  and  ear- 
lier if  so  desired  by  the  person  or  persons  or  company  operating  said 
line  of  railway,  and  until  10:30  o'clock  P.  M.,  and  later,  if  so  desired  by 
the  person  or  persons  or  company  operating  the  said  railway,  shall  be 
operated  upon  and  over  said  route  hereinbefore  described,  daily. 

Sec.  7.  That  the  City  Clerk  is  hereby  directed  to  advertise  for  sealed 
proposals  to  construct  and  operate  said  street  railroad  route  as  established 
in  Section  1  hereof  for  a  period  of  one  week. 

Sec.  8.  That  said  original  ordinance  passed  July  28th,  1902,  be  and 
the  same  is  hereby  repealed. 


SPECIAL  ORDINANCES 


255 


Sec.  9.    This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 
Passed  November  10,  1902. 

GEORGE  W.  GOOD, 

President  of  Council. 

Attest:    C.  C.  LOYD,  City  Clerk. 

Published  in  the  Evening  Repository  November  12  and  17,  1902. 


AN  ORDINANCE 

An  ordinance  granting  permission  to  construct  and  operate  an  electric 
Street  Railway  in  the  City  of  Canton,  Ohio,  upon  and  over  what  is 
known  as  route  No.  6. 

Whereas,  the  City  Council  of  the  City  of  Canton,  Ohio,  did  by  01- 
dinance  duly  passed  on  the  10th  day  of  November,  1902,  establish  what  is 
known  as  street  railway  route  No.  6,  in  said  city ;  and 

W  hereas,  pursuant  to  the  terms  and  directions  in  said  ordinance  con- 
tained, Charles  C.  Loyd,  Clerk  of  said  City,  did  give  notice  by  publication 
in  the  Evening  Repository  and  News-Democrat,  newspapers  published 
daily  in  said  city  and  of  general  circulation  therein,  for  a  period  of  one 
week  next  preceding  the  first  day  of  December,  1902,  advising  the  public 
that  sealed  proposals  would  be  received  until  10  o'clock  A.  M.  of  De- 
cember nth,  1902,  by  the  City  Council  of  said  city  through  said  Clerk 
for  the  granting  of  the  right  to  construct,  maintain  and  operate  for  a 
period  of  twenty-five  years,  an  electric  street  railway  upon  and  over  said 
route  No.  6,  as  created  and  established  by  said  ordinance ;  and 

Whereas,  bids  were  received  by  said  Council  of  said  City  of  Canton, 
through  said  clerk,  at  the  time  mentioned  in  said  notice,  which  said  bids 
were  duly  opened  by  said  clerk  and  by  him  presented  to  said  Council, 
and  it  appearing  that  C.  R.  Morley,  one  of  said  bidders,  by  his  said  bid 
duly  and  legally  filed,  proposed  to  carry  passengers  upon  and  over  said 
street  railway  route  No.  6  at  a  lower  rate  of  fare  than  any  other  bidders, 
namely:  for  each  adult  passenger,  one  way,  5  cents;  6  tickets  for  25 
cents;  12  tickets  for  50  cents,  each  of  said  tickets  entitling  the  passenger 
holding  the  same  to  ride  to  the  extent  as  if  a  full  five  cent  cash  fare  had 


256 


REVISED  ORDINANCES 


been  paid ;  children  over  five  and  under  eleven  years  of  age,  3  cents, 
and  under  five  years  of  age,  when  in  care  of  parents  or  guardian,  free ; 
children  in  arms  free ;  and  proposing  also  to  construct  and  complete 
said  street  railway  line  upon  and  over  said  route  No.  6  within  the  time  and 
in  the  manner  in  said  ordinance  set  forth,  accompanying,  his  bid  with  a 
surety  bond  in  the  sum  of  Fifteen  Thousand  Dollars  ($15,000.00),  condi- 
tioned as  by  the  terms  of  said  ordinance  and  the  resolution  passed,  rela- 
tive to  the  giving  of  such  bond,  required,  and 

Whereas,  said  bidder,  C.  R.  Morley,  has  also  filed  with  the  said  City 
Council  the  written  consent  of  a  majority  of  the  property  owners  on  each 
of  said  streets  contained  and  described  in  said  street  railway  route  No. 
6,  represented  by  the  foot  frontage  of  the  lands  abutting  upon  each  of  the 
streets  upon  and  over  which  it  is  proposed  to  construct  and  operate  said 
electric  street  railway,  to-wit :  upon  Orchard  street,  from  North  street  to 
Second  street,  and  upon  Second  street,  from  Orchard  street  to  Walnut 
street,  as  and  in  the  manner  by  law  and  the  terms  and  provisions  of  said 
route  provided. 

Now,  therefore,  be  it  ordained  by  the  Council  of  the  City  of  Canton, 
Ohio,  as  follows : 

Section  1.  That  permission  be  and  is  hereby  granted  to  C.  R.  Morley, 
his  heirs  and  assigns,  to  construct,  maintain  and  operate  a  line  of  electric 
street  railway  upon  and  over  what  is  known  as  route  No.  6  in  the  City  of 
Canton,  and  described  as  follows :  Commencing  at  the  north  line  of  East 
North  Street,  immediately  opposite  Orchard  Street,  and  at  the  terminus 
of  the  private  right  of  way  of  The  Stark  Electric  Railway  Comipany  and 
running  thence  south  across  East  North  Street  on  and  along  Orchard 
Street  and  to  East  Second  Street ;  thence  west  on  East  Second  Street  to 
the  west  line  of  Walnut  Street. 

Sec.  2.  That  the  foregoing  grant  shall  be  for  the  term  of  twenty- 
five  years  and  shall  be  subject  to  all  of  the  terms,  conditions,  stipulations 
and  provisions  contained  in  an  ordinance  passed  by  the  City  Council 
of  Canton,  Ohio,  on  the  10th  day  of  November,  1902,  and  entitled,  "An 
ordinance  to  amend  an  ordinance  establishing  a  street  railway  route  com- 
mencing for  the  same  at  the  north  line  of  North  Street,  opposite  Orchard 
Street;  thence  south  across  North  Street  to  East  Second  Street;  thence 
west  along  East  Second  Street  to  the  west  line  of  Walnut  Street,  to  be 


SPECIAL,  ORDINANCES 


257 


known  as  route  No.  6,  passed  by  said  Council  on  the  28th  day  of  July, 
1902." 

Sec.  3.  The  rate  of  fare  shall  not  exceed  the  rates  named  in  the  pre- 
amble of  this  ordinance,  namely :  for  one  passenger,  one  way,  five  cents ; 
six  tickets  fo:  twenty-five  cents ;  twelve  tickets  for  fifty  cents,  each  of 
said  tickets  entitling  the  passenger  holding  the  same  to  ride  to  the  same 
extent  as  if  a  full  five  cent  cash  fare  had  been  paid  ;  children  over  five  and 
under  eleven  years  of  age,  3  cents,  and  under  five  years  of  age,  when  in 
care  of  parents  or  guardian,  free ;  children  in  arms  free. 

Sec.  4.  The  above  grant  is  on  the  further  condition  that  said  C.  R. 
Morley,  his  heirs  and  assigns,  shall  deposit  with  the  City  Clerk  upon  the 
passage  of  this  ordinance  the  sum  of  money  sufficient  to  pay  the  cost 
of  publishing  all  the  necessary  notices,  resolutions  and  ordinances  con- 
nected with  the  establishing  of  said  route  No.  6,  and  the  granting  of  this 
franchise  and  shall  file  with  the  City  Clerk  a  written  consent,  binding 
himself,  his  heirs  and  assigns,  to  abide  by  and  coimply  with  the  terms  and 
provisions  of  this  ordinance  and  the  ordinance  establishing  the  said 
route  No.  6. 

Sec.  5.  The  said  grant  is  upon  further  condition  that  said  C.  R. 
Morley,  his  heirs,  successors  and  assigns,  shall  grant  to  all  passengers 
transfers  over  the  lines  of  The  Canton-Akron  Railway  Company,  its  suc- 
cessors and  assigns,  and  over  all  the  lines  of  all  other  companies  hereafter 
operating  lines  of  street  railway  within  the  City  of  Canton  upon  a  like 
condition,  being  by  ordinance  imposed  upon  said  company  and  other 
persons  or  corporations,  but  such  transfers  shall  pertain  only  to  the 
business  of  said  C.  R.  Morley,  his  heirs,  successors  and  assigns  and  to 
said  Canton-Akron  Railway  Company,  and  said  other  persons  or  com- 
panies transacting  and  carrying  on  business  within  the  city  limits  of  the 
City  of  Canton,  and  so  far  as  said  C.  R.  Morley,  his  heirs,  successors  and 
assigns  are  concerned,  to  the  business  originating  and  terminating  within 
the  route  herein  described  and  any  and  all  extensions  thereof.  The  fares 
of  all  passengers  so  transferred  to  be  divided  equally  between  said  com- 
panies or  persons  operating  said  lines  to  which  said  transfers  are  made, 
and  the  company  or  person  granting  the  same. 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 

Passed  January  12th,  1903. 


Attest : 


C.  C.  LOYD,  City  Clerk. 


GEO.  W.  GOOD, 
President  of  the  Council. 


258 


REVISED  ORDINANCES 


AN  ORDINANCE 

Granting  to  Charles  R.  Morley,  his  successors,  heirs  and  assigns  the  right 
to  extend  the  line  of  an  electric  railway  to  be  by  him,  his  successors, 
heirs  and  assigns,  constructed  over  and  upon  what  is  known  as  Route 
No.  6,  in  the  City  of  Canton,  upon  parts  of  Walnut,  Seventh,  Market 
and  Fifth  Streets  in  said  city,  and  to  construct,  maintain  and  operate 
said  extension  of  said  street  railway  and  prescribing  the  terms  and 
conditions  upon  which  the  same  shall  be  done. 

Whereas,  Charles  R.  Morley  by  virtue  of  an  ordinance  passed  by 
the  Council  of  the  City  of  Canton,  Ohio,  on  the  12th  day  of  January,  1903, 
has  secured  the  right  to  construct,  maintain  and  operate  a  line  of  electric 
railway  over  and  upon  certain  streets  in  the  City  of  Canton,  Ohio,  to-wit : 
Commencing  at  the  north  line  of  East  North  Street,  imimediately  oppo- 
site Orchard  Street  and  the  terminus  of  the  private  right  of  way  of  The 
Stark  Electric  Railway  Company,  and  running  thence  south  across  East 
North  Street,  on  and  along  Orchard  Street ;  thence  west  on  East  Second 
Street  to  the  west  line  of  Walnut  Street,  known  as  Route  No.  6,  and 

Whereas,  Said  Charles  R.  Morley  desires  to  extend  said  lines  from 
the  intersection  of  North  Walnut  Street  with  the  center  line  of  East 
Second  Street  southwardly  along  said  Walnut  Street  to  East  Seventh 
Street ;  thence  westwardly  along  said  East  Seventh  Street  to  a  point  in 
the  center  of  the  east  track  of  the  Canton-Akron  Railway  Company,  and 
now  laid,  and  if  by  reason  of  the  double  tracking  of  Market  Street  by 
the  said  The  Canton-Akron  Railway  Company,  its  successors  and  assigns, 
said  east  track  as  now  laid,  is  required  to  be  and  is  changed  froim  its 
present  location  and  moved  eastwardly,  then  to  the  center  of  said  track  so 
removed ;  thence  northwardly  along  the  center  of  said  east  track  as  now 
laid  or  as  so  removed  to  Fifth  street;  thence  eastwardly  on  Fifth  street 
to  Walnut  street,  and, 

Whereas,  It  appears  that  the  consent  in  writing  has  been  obtained 
of  the  owners  of  more  than  half  of  the  feet  front  of  the  lots  and  lands 
abutting  on  the  streets  and  public  ways  along  which  it  is  proposed  to  con- 
struct the  said  extension  of  said  railway,  and  said  consents  have  been 
produced  before  this  Council,  and 


SPECIAL  ORDINANCES 


259 


Whereas,  It  appears  that  all  requirements  of  the  law  in  respect  to 
such  extension  have  been  complied  with,  and  the  Council  deems  such 
extension  will  be  beneficial  to  the  public.    Now,  therefore, 

Section  I.  Be  it  ordained  by  the  Council  of  the  City  of  Canton, 
Ohio,  that  said  Charles  R.  Morley,  his  heirs,  successors  and  assigns, 
be,  and  he  is  hereby  granted  the  right  to  construct,  maintain 
and  operate  a  single  track  line  of  electric  railway  as  an  ex- 
tensiun  of  his  lines  of  electric  railway  to  be  by  him  constructed 
upon  Orchard  Street  and  Second  Street  as  hereinbefore  de- 
scribed, known  as  Route  No.  6,  commencing  with  the  intersection  of 
North  Walnut  Street  with  the  center  line  of  East  Second  Street;  thence 
southwardly  with  Walnut  Street  to  East  Seventh  Street ;  thence  west- 
wardly  along  East  Seventh  Street  to  the  center  line  of  the  east  track  of 
the  Canton-Akron  Railway  Company  as  now  laid  and  if  by  reason  of  the 
double  tracking  of  Market  Street  by  said  The  Canton-Akron  Railway 
Company,  its  successors  or  assigns,  said  east  track  as  now  laid  is  required 
to  be  and  is  changed  from  its  present  location  and  removed  eastwardly, 
then  to  the  center  of  said  east  track  so  removed ;  thence  northwardly 
along  the  center  of  said  east  track  as  now  laid  or  as  removed  to  Fifth 
Street ;  thence  eastwardly  on  Fifth  Street  to  Walnut  Street,  together  with 
all  necessary  sidings,  switches,  crossovers  and  turnouts,  except  that  there 
shall  be  no  siding  nor  turnouts  on  said  Market  Street,  as  shall  be  required 
to  successfully  operate  said  line  and  if  found  necessary  by  said  Charles  R. 
Morley  or  his  heirs,  successors  or  assigns,  so  to  do,  then  to  connect  the 
same  or  any  part  thereof  with  the  lines  of  any  other  electric  street 
railway  company  now,  or  hereafter  operating  a  line  of  electric  street 
railway  upon  and  over  said  streets  or  any  of  them,  upon  an 
agreement  being  first  had  between  such  other  company  and  said 
Charles  R.  Morley,  his  heirs,  successors  and  assigns,  and  said 
extension  shall  be  constructed,  operated  and  maintained  in  the  same  man- 
ner as  is  provided  for  in  the  ordinance  establishing  said  railroad  route 
No.  6,  passed  the  I2th  day  of  January,  1903,  and  all  of  the  provisions  of 
said  ordinance  in  so  far  as  they  are  applicable,  shall  govern  said  Charles 
K.  Morley,  his  heirs,  successors  and  assigns,  in  the  construction,  opera- 
tion and  maintenance  of  said  extension  and  said  Charles  R.  Morley,  his 
heirs,  successors  and  assigns  shall,  in  respect  to  said  extension,  have  all 


260 


REVISED  ORDINANCES 


of  the  rights,  privileges  and  franchises  granted  by  said  route  and  fran- 
chise ordinance  to  the  same  extent,  and  in  the  same  manner  as  if  said 
extension  were  a  part  of  the  original  line  to  be  constructed  thereunder. 

Sec.  2.  The  foregoing  grant  shall  be  for  the  term  of  twenty-five 
years,  to  commence  and  expire  the  same  as  the  time  fixed  in  the  ordi- 
nance of  January  12th,  1903,  granting  to  said  Charles  R.  Morley,  his 
heirs,  successors  and  assigns  said  franchise,  and  shall  be  subject  to  all  of 
the  term's  and  conditions  contained  in  the  ordinances  hereinbefore  re- 
ferred to  in  so  far  as  applicable. 

Sec.  3.  As  provided  by  the  terms  of  the  consents  of  the  property 
owners  on  said  Walnut  Street,  Seventh  and  Fifth  Streets,  filed  herein, 
said  Charles  R.  Morley,  his  heirs,  successors  and  assigns,  shall  within 
thirty  days  from  the  date  of  the  passage  and  publication  of  this  ordinance 
pay  to  said  property  owners  the  cost  and  expense  heretofore  assessed 
against  them  for  the  paving  of  so  much  of  said  Seventh  and  Fifth  Streets, 
between  the  points  named,  as  is  included  within  the  rails  of  said  line,  and 
a  space  of  nine  inches  on  the  outside  of  each  of  said  rails;  and  when  said 
Walnut  Street,  or  any  part  thereof,  shall  be  paved,  then  as  to  such  portion 
of  said  street  as  lies  between  Second  and  Seventh  Streets,  said  Charles  R. 
Morley,  his  heirs,  successors  and  assigns,  shall  pay  the  cost  of  paving 
between  the  rails  of  said  track,  and  also  a  space  of  eighteen  inches  on 
the  outside  of  each  of  said  rails,  to  be  assessed  against  them. 

Sec.  4.  Should  the  City  of  Canton,  hereafter,  during  the  life  of  the 
franchise  hereby  granted,  or  any  extension  thereof,  deem  it  best  that 
a  waiting  station  be  erected  upon  the  square,  and  by  resolution  duly 
passed  by  the  proper  authorities,  provide  for  the  erection  thereof,  then 
said  Charles  R.  Morley,  his  heirs,  successors  and  assigns  shall  with  Stark 
County,  the  City  of  Canton  and  any  other  electric  street  railroad  or  rail- 
roads operating  a  line  of  electric  street  railroads  within  said  City  of  Can- 
ton, and  upon  or  across  said  square  or  any  part  thereof,  join  in  the  erec- 
tion of  such  building;  the  cost  thereof  to  be  borne  equally  by  said  parties; 
and  the  future  maintenance  thereof,  after  the  erection  and  completion  of 
said  building,  to  be  at  the  cost  and  expense  of  said  Charles  R.  Morlev. 
liis  heirs,  SUCCesors  or  assigns,  and  said  other  electric  railroad  or  railroads 
the  control  of  the  same  to  be  under  the  direction  of  said  Charles  R. 


SPECIAL  ORDINANCES 


261 


Morley,  his  heirs,  successors  or  assigns,  and  said  other  electric  street 
railroad  or  railroads. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 

Passed  February  16,  1903. 

GEORGE  W.  GOOD, 
President  of  the  Council. 

Attest :    C.  C.  LOYD,  City  Clerk. 

Published  in  The  News-Democrat  February  19  and  26,  1903. 


AN  ORDINANCE 

To  amend  an  ordinance  entitled  "An  ordinance  to  grant  to  the  Pennsyl- 
vania Company,  Lessees  of  The  Pittsburg,  Fort  Wayne  and  Chicago 
Railroad  Company,  the  right  to  construct  a  second  track  and  certain 
sidetracks  in  the  City  of  Canton,  Ohio. 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton, 
Ohio,  that  the  Pennsylvania  Company,  lessees  of  the  Pittsburg,  Fort 
Wayne  and  Chicago  Railroad  Company,  be  and  they  are  hereby  granted 
the  right  to  construct  and  maintain  a  track  running  parallel  with  their 
present  main  track  through  the  City  of  Canton,  Ohio,  and  across  the 
public  streets,  avenues  and  alleys  of  said  city  hereafter  named,  and  upon 
the  route  delineated  by  the  red  line  on  the  plat  filed  in  the  City  Clerk's 
office  marked,  "Plan  of  proposed  management  of  the  tracks  at  Canton, 
Ohio."  Beginning  at  the  East  Creek  bridge  with  a  second  track  on  the 
northerly  side,  and  a  siding  on  the  southerly  side  of  the  present  main 
tracks  of  said  company,  said  tracks  being  located  twelve  and  three-fourths 
feet  distant,  center  to  center  from  said  main  track ;  then  crossing  with 
said  new  tracks  the  following  named  streets,  viz  :  North,  Second,  Young, 
Third,  Rowland,  Fourth  and  the  alley  west  of  Rowland,  then  continuing 
said  new  siding  on  the  south  side  of  said  main  track  over  Fifth,  Tuca- 
rawas  and  Seventh  Streets ;  also  crossing  South  Cherry  Street  with  a 
sidetrack  located  twelve  and  three-fourths  feet  distant  from  the  center 
of  the  present  south  main  track  ;  and  continuing  said  new  siding  on  the 
south  side  of  said  main  track  over  South  Market,  South  Cleveland,  South 


262 


REVISED  ORDINANCES 


Plum  and  Grant  Streets,  but  located  twelve  and  three-fourths  feet  distant 
from  the  center  of  the  present  south  main  track ;  also  a  second  track  at 
the  east  line  of  High  Street  and  crossing  Marion  Street,  Dueber  Avenue 
and  Harrison  Avenue,  located  twelve  and  three-fourths  feet  distant  from 
center  to  center.  Said  company  shall  also  repave  in  a  proper  manner  all 
portions  of  present  paving  that  may  be  torn  up  in  relaying  said  tracks. 

Said  company  also  agrees  to  plank  so  much  of  said  sidetracks  and 
additional  main  tracks  as  lies  in  and  and  upon  the  different  streets,  ave- 
nues and  alleys  above  named  between  the  rails  and  between  all  tracks 
and  twenty-four  inches  on  either  side  of  the  tracks,  and  keep  the  same 
at  all  times  in  good  repair,  and  should  said  street,  avenues  or  alleys  at  any 
time  hereafter  be  paved  by  order  of  the  Council  of  said  city,  said  company 
agrees  to  pave  between  its  said  tracks,  and  to  a  distance  of  twenty-four 
inches  on  either  side  of  the  same,  with  such  material  as  may  be  ordered 
by  the  Council  for  the  paving  of  such  streets,  avenues  and  alleys  and  also 
upon  the  further  condition  that  the  said  The  Pennsylvania  Company  shall 
light  its  tracks  at  the  point  where  the  same  intersects  the  middle  line  of 
East  Tuscarawas  Street,  Cherry  Street,  Market  Street,  Plum  Street  and 
Cleveland  Avenue  with  an  electric  arc  lamp  at  each  of  said  crossings. 
Said  lamps  shall  be  suspended  by  cable,  supported  upon  poles  which  shall 
extend  not  less  than  thirty  feet  above  the  ground,  and  shall  be  kept 
burning  continuously  every  night  from  sunset  to  sunrise.  Said  company 
shall  also  erect  and  maintain  a  suitable  and  proper  crossing  gate  on  both 
sides  of  its  tracks  where  the  same  cross  Cleveland  Avenue  and  Plum 
Street  and  cause  the  same  to  be  operated  between  the  hours  of  6  o'clock 
A.  M.  and  half  past  ten  o'clock  P.  M.  at  all  times  and  that  after  the  ex- 
piration of  five  years  from  the  date  of  the  passage  of  this  ordinance  should 
the  City  Council  deem  it  necessary  crossing  gates  on  both  sides  shall  be 
placed  at  High  Street  and  Dueber  Avenue  to  be  operated  between  the 
hours  of  6  o'clock  A.  M.  and  half  past  to  o'clock  P.  M.  at  all  times. 

Sec.  2.  An  ordinance  entitled  "An  Ordinance  to  grant  to  the  Penn- 
sylvania Company,  lessees  of  The  Pittsburg,  Fort  Wayne  and  Chicago 
Railroad  Company,  the  right  to  construct  a  second  track  and  certain  side- 
tracks in  the  City  of  Canton,  nhio,"  passed  November  21,  i8<;2,  is  hereby 
repealed. 


SPECIAL,  ORDINANCES 


263 


Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  and  the  acceptance  by  said  The 
Pennsylvania  Company,  of  the  conditions  and  terms  therein  named. 

Passed  April  8th,  1895. 


AN  ORDINANCE 

An  ordinance  to  grant  to  The  Pennsylvania  Company  and  to  The  Pitts- 
burgh, Fort  Wayne  &  Chicago  Railroad  Company  the  right  to  con- 
struct additional  tracks  in  the  City  of  Canton,  Ohio. 

Section  1.  Be  it  ordained  by  the 'Council  of  the  City  of  Canton, 
Ohio,  that  The  Pennsylvania  Company  and  The  Pittsburg,  Fort  Wayne 
&  Chicago  Railroad  Company,  be  and  they  are  hereby  granted  the  right 
to  construct  and  maintain  tracks  running  parallel  with  their  present  main 
tracks  through  the  City  of  Canton,  Ohio,  and  across  the  public  streets, 
avenues  and  alleys  of  said  city  hereinafter  named  upon  the  route  deline- 
ated by  the  red  line  on  the  plat  filed  in  the  City  Clerk's  office,  marked 
"Plan  of  proposed  arrangement  of  tracks  at  Canton,  Ohio,"  beginning  at 
the  east  corporation  line  of  said  City  of  Canton  with  a  fourth  track  on  the 
northerly  side  of  the  present  main  tracks  of  said  railway  companies,  said 
tracks  being  located  thirteen  (13)  feet  distant  center  to  center  from  said 
tracks,  then  crossing  with  said  new  track  the  following  main  streets,  ave- 
nues and  alleys,  viz :  Carnahan  Avenue,  Lippert  Street,  Alban  Street, 
Hurford  Street,  East  North  Street,  East  Second  Street,  North  Young 
Street,  East  Third  Street,  Rowland  Street,  East  Fourth  Street,  and  the 
alley  west  of  Rowland  Street,  then  continuing  the  present  southerly  siding 
east  of  Eighth  Street  westwardly  across  Eighth  Street,  then  continuing 
the  present  northerly  siding  just  west  of  South  Cherry  Street,  eastwardly 
across  South  Cherry  Street,  to  connect  with  the  present  northerly 
main  tracks  of  said  railway  companies ;  also  crossing  South 
Cherry  Street  with  a  sidetrack  located  northwardly  about  fifteen 
feet  from  the  present  sidetrack  across  said  South  Cherry  Street ;  and  con- 
tinuing the  present  north  siding  east  of  McKinley  Avenue,  westwardly 
across  McKinley  Avenue,  Grant  Street,  High  Street,  and  the  alley  west  of 
High  Street  and  Marion  Street ;  thence  with  an  additional  track  on  each 


264 


REVISED  ORDINANCES 


side  of  the  present  main  tracks  and  thirteen  feet  center  to  center,  there- 
from westwardly  across  Camden  Avenue,  Dueber  Avenue,  Park  Avenue 
and  Harrison  Avenue. 

Said  Company  shall  also  repave  in  a  proper  manner  all  portions 
of  present  paving  that  may  be  torn  up  in  laying  or  relaying  said  tracks. 

Said  company  also  agree  to  plank  so  much  of  said  track  and  addi- 
tional main  track  as  lies  in  and  upon  the  different  streets,  avenues  and 
alleys  above  named,  between  the  rails  and  between  all  tracks  and  twenty- 
four  inches  on  either  side  of  the  tracks  and  keep  the  same  at  all  times 
in  good  repair  and  should  said  streets,  avenues  and  alleys  at  any  time 
hereafter  be  paved  by  order  of  the  City  Council  of  said  city,  said  company 
agrees  to  pave  between  its  tracks  and  to  a  distance  of  twenty-four  inches 
on  either  side  of  the  same  with  such  material  as  may  be  ordained  by  the 
Council  for  the  paving  of  the  balance  of  such  streets,  avenues  and  alleys. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication  and  the  acceptance  by  the  -  said 
Pennsylvania  Company  of  the  conditions  and  terms  therein  named. 

Passed  April  13th,  1903. 

GEORGE  W.  GOOD, 
President  of  the  Council. 

Attest:    C.  C.  LOYD,  City  Clerk. 


AN  ORDINANCE 

Providing  for  the  use  of  certain  streets  and  alleys  in  the  City  of  Canton 
by  the  Canton  and  Waynesburg  Railroad  Company. 

.Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Can- 
ton, Ohio,  That  The  Canton  and  Waynesburg  Railroad  Company,  its 
successors  and  assigns,  shall  have  the  right  to  lay  down  and  hereafter 
maintain  a  track  for  its  railroad  across  Robin  Street  between  lots  2232 
and  2233  across  the  alley  west  of  Robin  Street,  between  lots  2232  and 
2164,  across  Nimisilla  street  between  lots  2159  and  2164;  across  Preyer 
Street  between  lots  2070  and  2159;  across  the  alley  west  of  Bucher  Street 
between  lots  2076  and  2075;  across  Liberty  Street  between  lots  [269  and 
[238  and   1237;  across  the  alley  west  of  lots   1237  and   1 238 ;  along  the 


SPECIAL  ORDINANCES 


265 


alley  between  lots  976  and  977 ;  across  Cherry  street ;  along  the  alley  be- 
tween lots  421  and  422;  and  across  the  alley  next  west  of  Cherry  street. 
Said  track  shall  be  laid  and  kept  to  conform  to  the  grade  of  said  streets 
and  alleys  at  the  place  it  is  laid. 

Sec.  2.  That  said  company  shall  not  construct  any  switch  or  side- 
track on  said  streets  or  alleys  without  first  obtaining  permission  of  the 
Council  of  said  city. 

Sec.  3.  Said  right  is  granted  on  condition  that  said  company  plank 
the  track  between  the  rails,  and  also  on  each  side  of  the  rails  where  neces- 
sary, to  the  satisfaction  of  the  Council  of  said  city.  And  that  it  construct 
necessary  crossings,  sewers  or  drains  where  any  sidewalk  or  street  crosses 
the  track,  and  that  such  planking,  sewers  and  drains  be  maintained  in 
proper  repair. 

Sec.  4.  Said  company  shall  also,  when  required,  construct  suitable 
drains  for  surface  water  along  or  under  the  track. 

Sec.  5.  This  ordinance  shall  be  in  force  from  and  after  its  passage 
and  legal  publication. 

Passed  April  27,  1885. 


AN  ORDINANCE 

Granting  the  right  of  way  to  The  Connotton  Northern  Railway  Com- 
pany over  and  through  certain  streets  and  alleys  in  the  City  of 
Canton. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 
That  the  right  of  way  be  and  is  hereby  granted  unto  the  Connotton 
Northern  Railway  Company  to  locate  and  construct  its  line  of  railway  and 
thereafter  maintain  the  same  over,  across  and  along  the  streets  and 
alleys  of  said  City  of  Canton  upon  a  line  described  as  follows,  to  wit : 
Beginning  at  the  north  line  of  the  Connotton  Valley  Railroad  on  Ninth 
street  opposite  the  south  end  of  lot  number  seventeen  hundred  and  eight 
(1708);  thence  over  a  part  of  Ninth  street  and  across  an  alley  west  of  lot 
number  seventeen  hundred  and  eight  (1708);  in  a  diagonal  course  to  the 
south  side  of  Eighth  street,  near  the  northwest  corner  of  lot  number 
seventeen  hundred  and  ten  (1710);  thence  along  the  south  side  of  Eighth 


266 


REVISED  ORDINANCES 


street  not  nearer  to  the  south  side  of  said  street  than  nine  (9)  feet ;  west- 
wardly  across  the  Pittsburgh,  Fort  Wayne  &  Chicago  Railroad  tracks, 
and  thence  westwardly  in  a  straight  line  to  a  point  opposite  the  northwest 
corner  of  lot  number  nine  hundred  and  ninety-four  (994) ;  thence  curving 
across  the  southwest  corner  of  lot  number  nine  hundred  and  thirty-five 
(935)  to  a  street  known  as  Saxton ;  thence  northwardly  along 
said  Saxton  street  to  the  north  end  thereof ;  thence  into  Savan- 
nah avenue  in  Schaefer  s  addition  to  the  said  City  of  Canton ; 
thence  to  a  point  about  500  feet  south  of  the  north  end  of  said  Savannah 
avenue ;  thence  by  a  course  northeasterly  nearly  parallel  to  Lawrence 
avenue,  across  such  streets  and  alleys  as  may  be  intersected  by  that  course 
between  the  north  end  of  said  Savannah  avenue  and  the  northwest  corner 
of  the  grounds  of  the  Stark  County  Agricultural  Society  to  Fairview 
street  and  across  said  Fairview  street  to  the  north  line  of  said  city. 

Sec.  2.  Said  Railroad  shall  be  constructed  in  accordance  with  the 
grades  now  established  by  ordinance  for  the  various  streets  and  alleys 
over  or  through  which  the  same  may  run  ;  and  no  such  grade  shall  be 
changed  for  the  construction  of  said  railroad,  except  with  the  consent  of 
the  Committee  on  Streets  and  Alleys  first  obtained.  Said  Railway  Com- 
pany, its  successors  and  assigns,  shall  at  all  times  maintain  good  and  suffi- 
cient street  crossings  and  sidewalk  crossing  wherever  the  same  crosses  or 
passes  along  the  traveled  track  of  any  street  or  alley  or  crosses  any  side- 
walk ;  and  the  drainage  of  the  surface  water  shall  be  provided  for  under 
or  along  said  railway  by  suitable  ditches  and  drains.  And  all  said  cross- 
ings, ditches  and  drains  shall  be  constructed  and  maintained  agreeably 
to  the  requirements  of  the  City  Council  made  from  time  to  time. 

Sec.  3.  Said  Railroad  Company  shall  exercise  no  rights  under  this 
ordinance  until  it  has  filed  in  the  office  of  the  City  Clerk  a  written  accept- 
ance attested  by  the  seal  of  said  Company  of  the  provisions  of  this  ordi- 
nance, and  of  the  obligations  imposed  hereby  upon  said  Railway  Com- 
pany. 

Sec.  4.    That  this  ordinance  shall  take  effect  ten  days  after  its  pass- 
age and  legal  publication. 
Passed  May  10,  1880. 


SPECIAL  ORDINANCES 


267 


AN  ORDINANCE 

To  amend  section  one  of  an  ardinance  entitled  "An  ordinance  granting 
the  right  of  way  to  The  Connotton  Northern  Railway  Company  over 
and  through  certain  streets  and  alleys  in  the  City  of  Canton,"  passed 
May  10,  1880. 

Whereas,  The  Connotton  Northern  Railway  Company  in  construct- 
ing its  railway  in  the  City  of  Canton,  Ohio,  and  over  and  across  the 
streets  and  alleys  in  the  same  has  not  occupied  so  much  of  the  streets  and 
alleys  as  it  was  authorized  to  do  by  the  ordinance  of  the  City  Council. 
Therefore : 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 
That  the  first  section  of  an  ordinance  entitled  "An  ordinance  granting 
the  rig-ht  of  way  to  The  Connotton  Northern  Railway  Company  over  and 
through  the  streets  and  alleys  of  the  City  of  Canton/'  be  so  amended  as 
to  read  as  follows  :  That  the  right  of  way  be  and  is  hereby  granted  unto 
the  Connotton  Northern  Railway  Company  to  locate  and  construct  its 
line  of  railway  and  thereafter  maintain  the  same  over  and  across  and  along 
the  streets  and  alleys  of  said  City  of  Canton  upon  a  line  described  as 
follows,  to-wit :  Beginning  at  the  line  of  the  Connotton  Valley  Railroad 
on  Ninth  street  opposite  the  south  end  of  lot  number  1707;  thence  over 
part  of  Ninth  street  and  across  an  alley  west  of  lot  1708  in  a  diagonal 
course  to  the  south  side  of  Eighth  street  west  of  the  Pittsburg,  Fort 
Wayne  &  Chicago  Railway ;  thence  across  the  northeast  corner  of  lot 
number  2550;  thence  diagonally  across  Eighth  street,  and  over  the  south- 
west corner  of  Bucher,  Gibbs  &  Co.'s  property  ;  thence  across  Elm  street 
to  the  east  line  of  lot  1001  ;  thence  across  said  lot  to  lot  1000  to  am  alley 
west  of  said  lots  over  the  north  side  to  lot  992  to  south  side  of  lot  991 
to  an  alley  situated  between  the  said  two  lots ;  thence  across  Oak  street 
to  the  northeast  corner  of  lot  number  992  ;  thence  across  East  Seventh 
street  to  the  southwest  corner  of  lot  767;  thence  through  lot  766  to  the 
east  side  of  Saxton  street ;  thence  along  Saxton  street  across  East 
Tuscarawas  street,  East  Fifth  street.  East  Fourth  street,  East 
Third  street,  East  Second  street,  and  East  North  street  near  to  the 
south  line  of  Pennsylvania  avenue ;  thence  crossing  the  Pennsylvania  ave- 


268 


REVISED  ORDINANCES 


nue  east  of  Savannah  street ;  thence  in  a  northeasterly  course  to  the  lands 
of  Louis  Schaefer  crossing  Virginia  avenue ;  thence  across  Canton  avenue 
to  the  land  of  Benedict  Dannemiller,  crossing  Washington  avenue  north 
of  his  lands ;  thence  in  a  northeasterly  course  to  the  northwest  corner  of 
the  Stark  County  Agricultural  Society's  grounds  and  over  the  streets  and 
alleys  between  said  Washington  avenue  and  said  Society's  grounds ; 
thence  on  the  south  line  of  John  P.  Rex's  land. 

Sec.  2.  Said  original  section  one  is  hereby  repealed,  but  said  repeal 
shall  not  be  held  to  effect  the  rights  of  said  Railway  Company  upon  any 
part  of  the  streets  or  alleys  occupied  by  the  line  described  in  said  original 
ordinance,  and  alley  occupied  by  said  Railway  Company. 

Sec.  3.    That  this  ordinance  take  effect  and  be  in  force  from  and 
after  its  passage  and  ten  days  publication. 
Passed  December  27,  1880. 


AN  ORDINANCE 

Granting  to  The  Connotton  Valley  &  Straitsville  Railroad  Company  a 
right  of  way  over  certain  streets  and  alleys  in  the  City  of  Canton. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Can- 
ton, That  the  right  is  hereby  granted  to  the  Connotton  Valley  &  Straits- 
ville Railroad  Company  to  construct  and  maintain  its  railroad  over  and 
across  the  streets  and  alleys  intersected  by  it  on  its  line,  as  now  located 
from  the  line  of  the  Connotton  Valley  Railway  in  the  first  ward  of  the 
city  to  its  bridge  over  the  Nimishillen  creek  at  the  junction  of  the  east 
and  west  branches  of  said  creek  ;  provided,  however,  that  the  line  of  the 
sub-grade  of  said  railway  being  the  line  of  the  top  of  the  embankment, 
shall  be  so  located  as  to  cross  Robin  street  with  a  cut  of  one  foot ;  Doug- 
lass street  with  a  cut  of  two-tenths  (2-10)  of  a  foot;  Nimisilla  street  with 
a  cut  of  two  (2)  feet;  Hane  street  at  grade;  Lafayette  street  with  a  fill  of 
two  (2)  feet;  Jackson  street  with  a  fill  of  four-tenths  (4-10)  of  a  foot;  Lib- 
erty street  with  a  fill  of  four-tenths  (4-10)  of  a  foot  ;  Cherry  street  with  a 
fill  of  three  (3)  feet;  Center  street  with  a  cut  of  three  and  two-tenths 
(3  2-10J  feet;  Allen  street  wth  a  fill  of  two  (2)  feet;  South  Market  with 
a  fill  of  nine  (9)  feet  ;  the  grades  <>f  the  streets  having  reference  to  the 


SPECIAL  ORDINANCES 


269 


grades  established  by  ordinance  of  the  city ;  provided  further,  that  wher- 
ever said  railroad  crosses  a  street  or  alley  above  or  below  the  established 
grade,  said  railroad  company  shall  make  proper  slopes  on  both  sides  of 
said  railroad  in  the  street  and  sidewalks,  so  as  to  admit  of  the  easy  and 
convenient  passage  along  such  street  or  alley,  the  slopes  not  to  exceed 
three  feet  in  one  hundred,  except  the  slopes  on  Market  street ;  and  said 
Railway  Company  shall  make  proper  crossings  of  plank  at  all  street  and 
sidewalk  crossings  and  keep  the  same  in  repair,  together  with  proper  and 
suitable  ditches  and  water-ways  under  its  railroad  sufficient  to  carry  the 
surface  water  across  the  safme  wherever  required  by  the  City  Council. 

Sec.  2.  This  ordinance  shall  take  effect  ten  (10)  days  after  its  pass- 
age and  publication. 

Passed  September  5,  1881. 


AN  ORDINANCE 

Providing  for  the  use  of  certain  streets  by  The  Connotton  Valley  Rail- 
road Company. 

Section  1.  lie  it  ordained  by  the  City  Council  of  the  City  of  Can- 
ton, That  the  Connotton  Valley  Railroad  Company,  its  successors  or 
assigns,  shall  have  the  right  to  lav  down  and  hereafter  maintain  a  track 
on  Mulberry  street  from  the  east  line  of  Cherry  street  and  thence  to  Ninth 
street  and  along  and  across  Ninth  street  to  the  south  side  of  Ninth  street 
along  the  line  designated  upon  a  map  of  the  location  of  that  part  of  said 
Company's  Railroad,  this  day  filed  in  the  office  of  the  City  Clerk  and 
described  as  follows  :  Beginning  for  the  same  at  the  east  side  of  Cherry 
street,  thence  north,  59  degrees  east,  twelve  hundred  feet;  thence  curving 
to  the  right  two  hundred  and  ninety  feet  on  a  radius  of  two  hundred  and 
sixty-five  feet ;  thence  curving  to  the  left  sixty-five  feet,  on  a  radius  of  two 
hundred  and  sixty-five  feet ;  thence  on  a  course  south  74  degrees,  east 
three  hundred  and  seventy-five  feet ;  thence  curving  to  the  right  on  a 
radius  of  five  hundred  and  ninety  feet,  to  the  south  line  of  Ninth  street. 
The  middle  line  of  said  track  on  Mulberry  street  shall  not  be  more  than 
nine  feet  from  the  north  side  of  said  street. 


270 


REVISED  ORDINANCES 


Sec.  2.  Said  Railroad  Company  shall  put  in  frogs  where  said  track 
will  cross  the  side  track  from  the  Pittsburg,  Fort  Wayne  &  Chicago  Rail- 
road to  manufacturing  establishments  on  the  south  side  of  said  proposed 
track,  but  no  person,  corporation  or  railroad  company  shall  so  use  said 
side  track  as  to  interfere  unreasonably  or  improperly  with  the  rights  of  the 
Connotton  Valley  Railroad  Company,  its  successors  or  assigns,  to  use 
the  right  of  way  by  this  ordinance  granted. 

Sec.  3.  The  right  aforesaid  are  granted  upon  condition  that  said 
Railroad  Company  shall  make  and  maintain  as  from  time  to  time  required 
by  the  Council,  along  or  under  its  track  upon  said  streets  the  necessary 
drains  and  gutters  for  surface  water,  so  that  it  may  not  be  obstructed  by 
said  Coimpany's  track,  and  it  shall  make  and  maintain,  as  from  time  to 
time  required  by  the  City  Council,  sufficient  crossings  where  said  track 
crosses  the  traveled  part  of  the  streets  or  the  sidewalks. 

Sec.  4.    This  ordinance  shall  take  effect  ten  days  after  its  publication. 

Passed  January  20,  1880. 


AN  ORDINANCE 

Providing  for  the  occupation  and  use  of  certain  streets  and  alleys  by  the 

Valley  Railway  Company. 

Whereas,  The  Valley  Railway  Company  has  located  its  line  through 
the  City  of  Canton,  and  the  said  line  as  located  passes  over  and  through 
certain  of  the  streets  and  alleys  of  the  city,  and  it  is  necessary  to  the  con- 
struction and  operation  of  said  railway,  that  it  have  the  right  to  construct, 
maintain  and  operate  its  said  railway  with  proper  and  sufficient  side  tracks 
and  switches  upon,  over  and  through  and  along  such  streets  and  alleys. 
Therefore  in  consideration  of  the  sum  of  one  dollar  paid  by  said  Railroad 
Company,  and  for  other  reasons  and  considerations  especially  the  great 
benefits  that  are  expected  to  accrue  to  said  city  and  its  inhabitants  from 
said  railway. 

Section  t.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton. 
That  the  right  is  hereby  granted  to  said  Valley  Railroad  Company  to  con- 
struct its  said  Railway  upon  the  grade  established  for  it  through  the  city, 
and  to  maintain  and  Operate  the  same,  with  proper  and  sufficient  side- 


SPECIAL  ORDINANCES 


271 


tracks  and  switches  upon,  over,  through  and  along  the  several  streets  and 
alleys  upon,  over,  through  and  along  which  the  same  has  been  located. 
The  main  track  of  said  Railway  as  located  being  indicated  upon  a  plat 
filed  in  the  office  of  the  'City  Clerk,  to  which  reference  is  made,  pro- 
vided that  said  Railway  Company  shall  agree  and  be  bound  to  construct 
and  maintain  suitable  and  sufficient  plank  crossings  at  all  roadways  and 
sidewalk  crossings  at  said  railway  tracks,  and  also  provide  proper  gutters 
or  waterways  under  its  tracks  where  required  for  the  surface  drainage. 

Sec.  2.  That  an  instrument  of  writing  granting  and  assuring  to  said 
Valley  Railway  Company  the  rights  aforesaid  be  made  and  delivered  to 
said  Valley  Railway  Company  by  the  President  of  the  Council  on  behalf 
of  the  city. 

Sec.  3.    This  ordinance  shall  be  in  force  and  effect  from  and  after 
its  passage  and  ten -.days  after  its  publication. 
Passed  August  26,  1878. 


AN  ORDINANCE 

Providing  for  the  use  of  certain  streets  and  alleys  by  the  Valley  Railway 

Company. 

Section  I.  Be  it  ordained  by  the  City  Council  of  the  City  of  Can- 
ton, That  the  Valley  Railway  Company,  its  successors  and  assigns,  shall 
have  the  right  and  it  is  hereby  granted  to  them,  to  lay  down  and  here- 
after maintain  an  extension  of  its  branch  or  switch  track  from  its  present 
terminus  near 'the  east  end  of  Mulberry  street  in  said  city  so  as  to  run  said 
track  over  and  across  Ninth  street ;  thence  passing  northeastwardly 
diagonally  across  lots  171 1,  1710,  1709,  in  said  city  to  the  west  line  of  an 
alley  between  lots  1709  and  1708  in  said  city;  thence  northeastwardly 
across  said  alley  and  said  lots  1708  and  1707  in  said  city,  to  the  western 
line  of  an  alley  between  lots  1707  and  1706  in  said  city;  thence  north- 
eastwardly across  said  alley  and  lots  1706  and  1705  in  said  city  to  the 
southerly  line  of  Eighth  street,  at  a  point  on  said  south  line  of  Eighth 
street  between  lots  1706  and  1704  in  said  city;  thence  northeastwardly 
across  Eighth  street  to  the  north  side  thereof;  thence  running  northeast- 
wardly across  and  along  the  alley  east  of  and  adjoining  Weaver's  Planing 


272 


REVISED  ORDINANCES 


Mill  at  such  angle  as  may  be  necessary  to  reach  Seventh  street ;  thence 
across  Seventh  street  to  the  north  side  thereof;  it  being  the  intention  to 
confer  upon  said  Valley  Railway,  its  successors  and  assigns,  the  right  to 
use  above  designated  streets  and  alleys  for  the  purposes  aforesaid. 

Sec.  2.  Said  Company,  its  successors  and  assigns,  shall  make  and 
maintain  along  and  under  said  proposed  track  across  said  streets  and 
alleys  suitable  drains  or  gutters,  so  that  the  surface  waters  may  not  be 
obstructed  by  said  track ;  and  it  shall  make  and  maintain  suitable  cross- 
ings where  said  track  lies  on,  along  or  across  streets,  alleys  and  sidewalks 
under  the  direction  of  the  City  Council. 

Sec.  3.  This  ordinance  shall  take  effect  ten  days  from  and  after  its 
passage  and  publication. 

Passed  June  27,  1881. 


AN  ORDINANCE 

Granting  the  right  of  way  over  certain  streets  and  alleys  in  the  City  of 
Canton,  Ohio,  to  the  Valley  Railway  Company. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 
Ohio:  That  the  Valley  Railway  (Company,  its  successors  and  assigns 
shall  have  the  right  and  it  is  hereby  granted  to  them  to  lay  down  and 
hereafter  maintain  a  track  from  the  main  line  of  said  Railway  Company 
to  the  Canton  Car  Company's  Works,  on  the  following  course,  to-wit : 
Beginning  for  the  same  on  lands  of  said  Company  west  of  High  street 
formerly  Chestnut  street  at  a  point  eighteen  feet  north  of  right  of  way  of 
Pittsburg,  Fort  Wayne  &  Chicago  Railway  Company ;  thence  eastwardly 
across  alley  immediately  east  of  said  High  street  on  a  line  five  and  one- 
half  feet  north  of  said  Pittsburgh,  Fort  Wayne  &  Chicago  Railway  Com- 
pany's right  of  way  as  indicated  on  map  filed  with  City  Clerk ;  thence 
east  and  northwardly  across  I  Mum  street  commencing  on  west  side  of 
I  Mum  street  at  a  distance  of  twelve  and  one-half  feet  north  of  the  right 
of  way  of  the  Pittsburg,  Fort  Wayne  &  Chicago  Railway  Company; 
thence  northwardly  on  a  curved  line  to  the  left  to  the  east  side  of  Plum 
street  to  a  point  forty-three  feet  north  of  right  of  way  of  said  Pittsburg, 
Fort  Wayne  &  Chcago  Railway.    Also  to  extend  a  track  five  and  one-half 


SPECIAL  ORDINANCES 


273 


feet  north  of  said  Pittsburg,  Fort  Wayne  &  Chicago  Railway  Company's 
right  of  way  across  Plum  street  as  indicated  on  said  map  filed  with  the 
City  Clerk. 

Sec.  2.  Said  Company,  its  successors  and  assigns,  shall  make  and 
maintain  along  or  under  said  proposed  tracks  suitable  drains  or  gutters 
for  surface  water,  so  that  it  may  not  be  obstructed  by  said  proposed 
tracks,  and  shall  make  and  maintain  suitable  and  sufficient  crossings 
where  said  tracks  cross  said  streets  and  alleys,  as  the  City  Council  may 
direct. 

Sec.  3.    That  this  ordinance  take  effect  and  be  in  force  from  and 
after  its  passage  and  due  publication. 
Passed  March  5,  1883. 


AN  ORDINANCE 

Providing  for  the  use  of  certain  streets  and  alleys  by  the  Valley  Railway 

Company. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 
That  the  Valley  Railway  Company,  its  successors  and  assigns,  shall  have 
the  right  and  it  is  hereby  granted  to  thetm,  to  lay  down  and  hereafter 
maintain  a  track  from  the  main  line  of  said  Company  to  connect  with  the 
manufacturing  establishments  lying  east  of  Market  street,  over,  along  and 
across  the  streets  and  alleys  of  said  city,  upon  a  line  described  as  follows : 
Starting  at  a  point  on  the  main  line  of  said  Company  as  now  located, 
one  hundred  and  fifty  feet  south  of  the  right  of  way  of  the  Pittsburg, 
Fort  Wayne  &  Chicago  Railroad  near  the  west  line  of  Chestnut  street ; 
thence  curving  to  the  left  on  a  radius  of  410  feet  a  distance  of  550  feet  into 
Navarre  street  fifteen  feet  from  the  south  side  of  said  street ;  thence  along 
Navarre  street  750  feet,  a  distance  of  fifteen  feet  from  said  south  side  of 
Navarre  street;  thence  on  a  curve  to  the  right  on  a  radius  of  1,000  feet, 
a  distance  of  200  feet  to  the  east  line  of  Market  street ;  thence  following 
the  north  line  of  an  alley  to  Walnut  street,  a  distance  of  300  feet ;  thence 
curving  to  the  left  on  a  radius  of  600  feet  a  distance  of  about,  570  feet  to 
Jackson  street ;  thence  across  Jackson  street  nearly  at  right  angles ; 
thence  about  1,100  feet  to  a  point  on  Shriver's  Run;  thence  curving  to 


274 


REVISED  ORDINANCES 


the  right  a  radius  of  650  feet,  a  distance  of  330  feet  to  a  point  about  two 
hundred  feet  west  of  Cherry  street ;  thence  north  62  degrees  45  minutes, 
east  about  270  feet  to  the  east  side  of  Cherry  street  22  1-2  feet  south  of 
the  north  side  of  Mulberry  street;  thence  the  same  course  1,400  feet 
continuing  21  1-2  feet  from  the  north  line  of  Mulberry  street  to  near  the 
east  end  of  said  Mulberry  street,  said  line  to  be  the  middle  line  of  said 
track. 

Sec.  2.  Said  company  shall  put  in  frogs  and  make  the  necessary 
crossings  when  said  track  will  cross  the  switches  from  the  Pittsburg, 
Fort  Wayne  &  Chicago  Railroad  to  manufacturing  establishments  on  the 
south  side  of  said  proposed  track,  but  no  person  or  corporation  shall  so 
use  such  switches  so  as  to  interfere  unreasonably  or  improperly  with  the 
use  of  said  proposed  track. 

Sec.  3.  Said  company  or  its  successors  and  assigns,  shall  make  and 
maintain  along  or  over  said  proposed  track  suitable  drains  or  gutters  for 
surface  water,  so  that  it  may  not  be  obstructed  by  said  proposed  track ; 
and  >it  shall  make  and  maintain  suitable  and  sumcent  crossings  where 
said  tracks  lie  oil,  along  or  across  streets,  alleys  and  sidewalks,  under  the 
direction  of  the  City  Council. 

Sec.  4.    This  ordinance  shall  take  effect  ten  days  after  its  publication. 

Passed  March  1,  1880. 


AN  ORDINANCE 

Granting  the  Cleveland  &  Canton  Railroad  Company  the  right  to  maintain 

a  switch. 

Section  r.  Re  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
That  the  Cleveland  &  Canton  Railroad  Company,  its  successors  and  as- 
signs, be  and  they  are  hereby  granted  permission  to  lay  and  maintain  a 
switch  through  the  alley  laying  between  lots  number  984  and  992  on  the 
west,  and  lots  number  983  and  991  on  the  east,  and  to  cross  Oak  street 
and  Saxton  street  for  the  same  ;  along  the  red  line  delineated  on  the  plat 
on  tile  in  the  City  Clerk's  office,  marked  "Dannemiller  Switch,"  provided, 
however,  that  said  Cleveland  &  Canton  Railroad  Company  shall  keep 
said  track  planked  between  the  rails  where  the  said  switch  may  cross  (  )ak 


SPECIAL  ORDINANCES 


275 


street  or  Saxton  street,  and  provided  further  that  neither  the  said  Cleve- 
land &  Canton  Railroad,  its  successors  and  assigns,  shall  at  any  time  per- 
mit anjT  cars  or  engine  to  stand  or  remain  on  said  switch,  and  provided 
further  that  the  said  Cleveland  &  Canton  Railroad  Company  shall  com- 
pensate the  abutting  property  holders  for  any  and  all  damages  which  they 
may  sustain  by  reason  of  the  construction  of  or  maintenance  of  said  switch. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  legal  publication. 

Passed  March  10,  1890. 


AN  ORDINANCE 

Granting  the  Cleveland  &  Canton  Railroad  Company  the  right  to  construct 
a  switch  across  Ninth  street  and  along  Mulberry  street. 

•Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
That  the  Cleveland  &  Canton  Railroad  Company  be  and  they;  are  hereby 
granted  the  right  to  construct  and  maintain  a  switch  across  Ninth  street 
and  along  Mulberry  street  upon  the  route  delineated  by  the  red  line  on 
the  plat  filed  in  the  City  Clerk's  office  marked  "Mulberry  Switch  of  Cleve- 
land &  Canton  Railroad  Company,"  provided  that  the  said  Company  shall 
plank  so  much  of  said  switch  as  lies  in  and  upon  Ninth  street  between  the 
rails  and  twenty-four  inches  on  either  side  of  the  track  and  keep  the  said 
switch  in  good  repair. 

,Sec.  2.  This  ordinance  shall  take  effect  upon  its  passage  and  legal 
publication. 

Passed  August  12,  1889- 


AN  ORDINANCE 

Granting  the  Cleveland  &  Canton  Railroad  Company  the  right  to  con- 
struct and  maintain  a  switch  on  Oak  street. 

Section  1 .  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
That  the  Cleveland  &  Canton  Railroad  Company,  be  and  they  are  hereby 
granted  the  right  to  construct  and  maintain  a  switch  on  Oak  street,  along 


276 


REVISED  ORDINANCES 


the  route  delineated  on  the  plat  marked  "map  showing  proposed  switch  on 
Oak  street/'  on  file  in  the  City  Clerk's  office,  provided  that  the  said  Com- 
pany shall  plank  the  said  switch  between  the  rails  and  four  feet  outside  of 
the  rails  on  either  side,  where  the  same  crosses  Eighth  street.  Provided 
further  that  the  said  Company  shall  grant  to  all  other  Railway  Companies 
the  right  to  use  the  same  upon  the  payment  therefor,  of  a  sum  not  ex- 
ceeding two  dollars  per  car,  and  provided  said  switch  shall  be  used  only 
for  the  loading  and  unloading  cars  and  for  no  other  purpose. 

Sec.  2.    This  ordinance  shall  take  effect  upon  its  passage. 

Passed  August  12,  1889. 


AN  ORDINANCE 

Granting  the  Cleveland  &  Canton  Railroad  Company  the  right  to  construct 

a  switch. 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
That  the  Cleveland  and  Canton  Railway  Company,  its  successors  and 
assigns,  be  and  are  hereby  granted  the  right  to  construct  and  maintain  a 
switch  across  Ninth  street  on  the  route  indicated  by  the  red  line  on  the 
plan  now  on  file  in  the  City  Clerk's  office,  designated  as  "plan  of  proposed 
switch  to  Ebel  &  Company's  works"  crossing  Ninth,  for  the  period  of  five 
years,  provided  that  the  said  The  Cleveland  and  Canton  Railroad  Com- 
pany, its  successors  and  assigns  keep  the  track  planked  between  the  rails 
and  three  feet  outside  and  beyond  the  rails  and  construct  and  maintain  all 
the  necessary  gutters  and  culverts. 

Sec-  2.  This  ordinance  shall  take  effect  and  be  in  force  upon  its 
passage. 

Passed  February  16,  1891. 


AN  ORDINANCE 

Granting  the  right  of  way  for  switch  purposes  to  the  Canton  Wrought 

Iron  Bridge  Company. 

Section  [.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
That  The  Canton   Wrought    Iron    Bridge  Company,  its  successors  and 


SPECIAL  ORDINANCES 


277 


assigns,  be  and  they  are  hereby  granted  the  right  to  construct  and  main- 
tain a  railroad  switch  for  the  purpose  of  conveying  to  and  from  their  plant 
freight,  along  the  following  line,  to-wit :  Across  Henry  street  and  the 
alley  lying  south  of  Richville  street ;  thence  across  Richville  street  at  its 
intersection  with  the  alley  lying  east  of  Henry  avenue ;  thence  north  through 
said  alley  to  a  point  opposite  lot  number  36  in  Sarver's  addition  to  the 
City  of  Canton,  Ohio ;  thence  across  Massillon  street  and  through  Short 
street,  and  from  thence  across  the  alley  to  the  north  of  said  Sarver's  addi- 
tion to  the  City  of  Canton,  Ohio,  which  route  is  more  definitely  described 
on  the  plat  marked  "The  Canton  Wrought  Iron  Bridge  Company's  Switch 
Right  of  Way"  now  on  file  in  the  City  Clerk's  office.  This  grant  is,  how- 
ever upon  the  express  condition  that  the  said  The  Canton  Wrought  Iron 
Bridge  Company,  its  successors  and  assigns,  shall  plank  and  keep  planked 
the  portion  of  said  switch  which  may  intersect  with  any  street,  alley  or 
avenue,  between  the  rails  and  for  a  distance  of  three  feet  on  either  side  of 
said  rails,  and  upon  the  further  condition  that  they  shall  open  and  main- 
tain through  and  under  their  tracks  such  sewers  or  gutters  as  may  be 
necessary  to  drain  the  adjacent  country  of  storm  water,  and  upon  the 
further  condition  that  they  shall  not  permit  any  cars  or  engine  to  block 
any  street  alley  or  avenue. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  legal  publication,  and  its  acceptance  in  writing  by  the  said 
The  Canton  Wrought  Iron  Bridge  Company. 

Passed  May  18,  1891. 


AN  ORDINANCE 

Granting  a  right  of  way  for  switch  purposes  to  the  Bucher  &  Gibbs  Plow 

Company. 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio, 
That  the  Bucher  &  Gibbs  Plow  Company,  its  successors  and  assigns,  be, 
and  they  are  hereby  granted  the  right  to  construct  and  maintain  a  railroad 
switch  for  the  purpose  of  conveying  freight  to  and  from  their  plant  along 
the  following  line,  to-wit :  Along  the  south  side  of  East  Seventh  street, 
from  the  Pittsburg,  Fort  Wayne  &  Chicago  railroad  to  lot  number  nine 


278 


REVISED  ORDINANCES 


hundred  and  Ninety-eight  (998)-  This  grant  is  however  upon  the  follow- 
ing express  conditions  : 

First. — That  the  said  The  Bucher  &  Gibbs  Plow  Company,  its  suc- 
cessors and  assigns  shall  plank  and  keep  planked  the  portion  of  said 
switch  which  may  intersect  with  any  street,  alley  or  avenue,  between  the 
rails,  and  for  a  distance  of  three  (3)  feet  on  either  side  of  said)  rails. 

Second. — That  said  company  shall  open  and  maintain  through  and 
'mder  said  switch  such  sewers  or  gutters  as  may  be  necessary  to  drain  the 
surrounding  premises  of  storm  water. 

Third. — That  said  company  shall  not  permit  any  car  or  cars,  engine 
or  engines,  to  block  any  street,  alley  or  avenue  intersection. 

Fourth. — That  said  switch  shall  be  laid  to  such  grade  or  grades  as  the 
City  may  establish  from  time  to  time,  the  same  to  be  done  without  any 
expense  to  the  City  of  Canton. 

Fifth. — That  said  switch  shall  not  occupy  more  of  said  street  than 
thirty  (30)  feet  in  width  from  the  lot  line  or  lot  lines  of  the  premises,  which 
are  now  owned  by  the  said  company. 

Sixth-. — That  should  the  aforesaid  Seventh  street  be  improved  at  any 
time  during  the  life  of  this  grant,  then,  in  that  event,  said  company  shall 
do  all  things  designated  by  the  proper  authority  to  be  done  in  and  about 
said  switch,  without  expense  to.  the  City  of  Canton. 

Sec.  2.  The  foregoing  grant  shall  be  for  a  period  of  five  (5)  years 
and  no.  longer. 

Sec.  3.  This  grant  shall  not  be  binding  upon  the  City  of  Canton,  un- 
less the  said  The  Bucher  &  Gibbs  Plow  Company  accept  the  terms  of  the 
same  in  writing. 

Sec.  4.    This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 
Passed  August  29,  1902. 

GEORGE  W.  GOOD, 

President  of  the  Council. 

Attest:    C.  C.  LOYD,  City  Clerk. 

Published  in  the  Evening  Repository  September  3  and  10. 


SPECIAL  ORDINANCES 


279 


AN  ORDINANCE 

Granting  a  right  of  way  for  switch  purposes  to  The  Stark  Brewing  Com- 
pany- 
Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  follows  i 
Section  I.     That  The  Stark  Brewing  Company,  its  successors  and 
assigns  be,  and  they  are  hereby  granted  the  right  to  construct  and;  main- 
tain a  railroad  switch  for  the  purpose  of  conveying  freight  to  and  from 
their  plant  along  the  following  line,  to-wit :    Over  and  along  Saxton  street, 
conimencing  for  the  same  at  the  main  line  of  The  Wheeling  &  Lake  Erie 
Railroad  at  a  point  seventy  (70)  feet  north  of  North  street ;  thence  along 
said  Saxton  street  to  the  first  alley  south  of  Pennsylvania  avenue.  This 
grant  is,  however,  upon  the  following  express  conditions : 

First. — That  said  The  Stark  Brewing  Company  open  and  maintain 
through  and  under  said  switch  such  sewers  or  gutters  as  may  be  neces- 
sary to  drain  the  surrounding  premises  of  storm  water. 

Second. — That  said  Company  shall  not  permit  any  car  or  cars,  engine 
or  engines  to  block  any  street,  alley  or  avenue  intersection. 

Third. — That  said  switch  shall  be  laid  to  such  grade  as  the  city  may 
establish  from  time  to  time,  the  same  to  be  done  without  any  expense  to 
the  City  of  Canton. 

Fourth. — That  should  the  aforesaid  Saxton  street  be  improved  during 
the  time  that  said  switch  shall  be  upon  said  street,  then  and  in  that  event, 
said  Company  shall  do  all  things  designated  by  the  proper  authorities  to 
be  done  in  and  about  said  switch  without  expense  to  the  City  of  Canton. 

Sec.  2.    This  grant  shall  not  be  binding  upon  the  City  of  Canton, 
unless  the  said  The  Stark  Brewing  Company  accept  the  terms  of  the 
same  in  writing- 
Sec.  3.    This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and;  legal  publication. 
Passed  September  2,  1902. 

GEO.  W.  GOOD, 
President  of  the  Council. 

Attest :    C.  C.  LOYD,  City  Clerk. 

Published  in  The  News-Democrat  September  4  and  11,  1902. 


280 


REVISED  ORDINANCES 


AN  ORDINANCE 

Authorizing  The  Home  Brewing  Company  to  lay  a  switch  across  East 
Fifth  street,  at  the  west  side  of  The  Pittsburg,  Fort  Wayne  &  Chi- 
cago Railroad  Company. 

Be  it  ordained  by  the  Council  of  the  City  of  Canton,  State  of  Ohio. 

Section  i-  That  The  Home  Brewing  Company,  its  successors  and 
assigns,  shall  have  the  right,  and  it  is  hereby  granted  to  them,  to  lay 
down  and  hereafter  maintain  a  railroad  switch  or  track  across  East  Fifth 
street  at  the  west  side  of  the  tracks  of  The  Pittsburg,  Fort  Wayne  &  Chi- 
cago Railroad  Company. 

Sec.  2.  Said  Company,  its  successors  and  assigns,  shall  make  and 
maintain  along  or  under  said  proposed  track,  suitable  drains  or  gutters 
for  surface  water,  and  shall  make  and  maintain  suitable  and  sufficient 
crossings  where  said  track  shall  cross  said  East  Fifth  street,  the  same  to  be 
done  under  the  direction  of  the  Board  of  Public  Service. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication,  and  the  acceptance  thereof  by  said  Home 
Brewing  Company,  and  the  payment  to  the  clerk  of  the  cost  of  publishing 
the  same. 

Passed  September  25,  1905. 

GEO.  H.  LEGGETT, 

President  of  the  Council. 

C.  C.  LOYD,  Clerk  of  the  Council. 
Approved  September  27,  1905, 

By  VV-  H.  SMITH,  Mayor. 
Published  in  the  Canton  Morning  News  October  12  and  19. 


AN  ORDINANCE 

Authorizing  the  Diebold  Safe  and  Lock  Company  to  lay  a  switch  along 
Pryer  street  from  the  tracks  of  The  Wheeling  &  Lake  Erie  Railroad 
Company. 

Be  it  ordained  by  the  Council  of  the  City  of  Canton,  State  of  Ohio. 
Section  [.    That  The  Diebold  Safe  and  Lock  Company,  its  succes- 
sors and  assigns,  shall  have  the  right  and  it  is  hereby  granted  to  them  to 


SPECIAL  ORDINANCES 


281 


lay  down  and  hereafter  maintain  a  railroad  switch  or  track  upon  and  along- 
Pryer  street,  commencing  at  a  point  opposite  lot  number  fourteen  hundred 
and  seventy  (1470),  and  thence  extending  northwardly  to  Mulberry  street. 

Sec.  2.  Said  company,  its  successors  and  assigns,  shall  make  and 
maintain  along  or  under  said  proposed  track  or  switch  suitable  drains  or 
gutters  for  surface  water,  and  shall  make  and  maintain  suitable  and  suffi- 
cient crossings  at  intersecting  streets  and  alleys,  the  same  to*  be  done  under 
the  direction  of  the  Board  of  Public  Service,  and  said  Diebold  Safe  and 
Lock  Company  shall  at  all  times  keep  said  track  or  switch  in  good  repair, 
and  shall  so  lay  and  maintain  same  as  not  to  be  an  obstruction  to  public 
travel  by  vehicles  and  other  conveyances  upon  said  street. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  and  the  acceptance  thereof  by  said 
Diebold  Safe  and  Lock  Company,  and  the  payment  to  the  Clerk  of  the 
Council  of  the  cost  of  publishing  same. 

Passed  October  20,  1905. 

GEO.  H.  LEGGETT, 
President  of  the  Council. 

C.  C.  LOYD,  Clerk  of  the  Council. 
Approved  October  25,  1905. 

By  W-  H.  SMITH,  Mayor. 
Published  in  the  Canton  Morning  News  October  28  and  November  4. 


AN  ORDINANCE 

To  provide  for  the  lighting  of  the  railway  of  The  Pittsburg,  Fort  Wayne 
&  Chicago  Railway  Company,  operated  by  the  Pennsylvania  Com- 
pany, lessees,  within  the  limits  of  the  City  of  Canton,  Ohio,  and  to 
repeal  certain  ordinances. 

Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  follows : 
Section  1.  That  the  railway  of  the  Pittsburg,  Fort  Wayne  &  Chi- 
cago Railway  Company,  operated  by  the  Pennsylvania  Company,  lessees, 
within  the  limits  of  the  City  of  Canton,  Ohio,  be  lighted  by  placing  electric 
arc  lights  of  2000  candle  power,  each  consuming  460  watts  per  lamp,  at 
the  intersection  of  said  track  with  the  middle  line  of  High  street,  South 


282 


REVISED  ORDINANCES 


McKinley  avenue,  South  Cleveland  avenue,  South  Market  street,  South 
Cherry  street,  East  Eighth  street,  East  Tuscarawas  street,  East  Fifth 
street,  East  Fourth  street,  East  Second  street,  in  said  city,  and  that  each 
of  the  intersections-  of  said  track  with  Dueber  avenue  and  Marion  street, 
there  be  placed  two  gasoline  lights,  one  on  each  side  of  side  track  and  on 
opposite  sides  of  said  streets,  and  at  the  East  North  street  and  Hurford 
road,  each  one  gasoline  light,  which  shall  be  of  the  same  style  and  of  the 
same  candle  power  as  those  now  used  by  said  City  of  Canton,  Ohio.  All 
of  said  lights  to  be  constructed,  supported  and  suspended  in  like  manner 
as  other  lights  of  the  same  kind  now  in  use  in  the  City  of  Canton,  Ohio. 

Sec.  2.  Said  lights  shall  be  lighted  and  kept  burning  according  to 
the  schedule  for  lighting  other  lights  of  the  same  character  in  the  same 
vicinity,  and  shall  be  contracted  for  and  placed  in  position  as  above  pro- 
vided by  the  City  of  Canton,  and  an  account  of  the  cost  of  lighting  of  said 
lights  shall  be  kept  by  the  city,  and.  be  paid  for  by  the  city  at  regular 
monthly  intervals,  and  one-half  of  the  cost  of  such  lighting  shall  be  paid 
by  the  said  The  Pennsylvania  Company  upon  presentation  to  their  local 
agent  of  a  bill  for  the  same. 

Sec.  3.  If,  in  the  opinion  of  the  City  Council,  better  results  would  be 
obtained  by  removing  any  of  the  above  mentioned  lights  to  a  location  other 
than  above  specified,  but  not  to  exceed  sixty  (60)  feet  therefrom,  then  the 
City  of  Canton  may  so  remove  and  re-locate  such  lights  as,  in  its  judg- 
ment will  be  best,  but  such  rdmoval  and  re-location  shall  not  relieve  The 
Pennsylvania  Company  from  liability  for  its  proportion  of  the  cost  of  such 
lighting. 

Sec.  4.  That  all  ordinances  and  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance  and  especially  an  ordinance  passed  Aug- 
ust 16,  1897,  providing  for  the  lighting  of  the  railway  of  The  Pittsburg, 
Fort  Wayne  &  Chicago  Railway  Company,  operated  by  The  Pennsylvania 
Company  lessees  , within  the  limits  of  the  City  of  Canton,  Ohio,  and  re- 
pealing certain  ordinances  herein  specified,  be  and  the  same  are  hereby 
repealed. 

Sec  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  legal  publication  and  written  acceptance  of  the  provisions 
hereof  by  the  said  The  Pennsylvania  Company. 

Passed  March  19,  1900. 


SPECIAL  ORDINANCES 


283 


Canton,  Ohio,  March  23rd,  1900. 
The  Pennsylvania  Company  hereby  accept  the  terms  and  conditions 
of  the  foregoing  ordinance. 

THE  PENNSYLVANIA  RAILWAY  COMPANY, 

By  W.  H.  Oliver,  Agent. 


AN  ORDINANCE 

Granting  to  the  Canton  Light,  Heat  and  Power  Company  the  right  to 
construct,  maintain  and  operate  an  electric  lighting  works  or  system 
in  the  City  of  Canton,  Ohio,  and  prescribing  the  terms  and  condi- 
tions upon  which  the  grant  is  made ;  and  to  repeal  an  ordinance 
therein  mentioned. 

Whereas,  The  Canton  Light,  Heat  and  Power  Company  is  organ- 
ized and  incorporated  under  the  laws  of  the  State  of  Ohio  for  the  purpose 
of  supplying  electricity  for  power  purposes,  and  for  lighting  the  streets 
and  public  and  private  buildings  in  said  City  of  Canton,  and  for  other 
purposes,  and 

Whereas,  Said  Company  proposes  to  acquire  by  purchase,  lease  or 
otherwise,  the  electric  lighting  works  and  system  of  The  Canton  Electric 
Light  and  Power  Company,  now  established  in  said  city. 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton, 
Ohio,  subject  to  the  terms  and  conditions  hereinafter  set  forth,  when 
this  ordinance  shall  have  been  passed,  and  ten  days  legal  publication 
thereof  made,  as  provided  for  in  section  1694  and  1695  of  the  Re 
vised  Statutes  of  Ohio,  that  the  right  is  hereby  granted  to  said  The  Can- 
ton Light,  Heat  and  Power  Company,  the  grantee,  and  its  successors  and 
assigns,  forever,  to  maintain  and  operate  the  electric  lighting  works  and 
system  comprising  poles,  wires  and  other  property  now  existing  in  said 
city,  after  it  shall  have  acquired  the  same  by  purchase,  lease  or  otherwise, 
from  The  Canton  Electric  Light  and  Power  Company,  and  also  the  right 
to  extend  said  system  from  time  to  time  upon  other  streets,  alleys,  and 
public  places  in  said  city,  provided,  however,  it  shall  not  set  any  addi- 
tional poles  for  the  extension  of  such  system  without  the  consent  of  the 
standing  committee  on  lights  of  the  City  Council ;  or  by  consent  of  the 
City  Council  by  resolution  duly  passed  for  that  purpose 


284 


REVISED  ORDINANCES 


Sec.  2-  The  grantee  under  this  ordinance  shall,  as  soon  as  possible 
after  its  passage  and  publication,  acquire  said  existing  lighting  system, 
and  until  it  shall  have  acquired  the  same,  shall  exercise  none  of  the  rights 
granted  hereby,  and  shall  thereafter  maintain  and  operate  said  system 
with  all  extensions  and  additions  made  from  time  to  time  thereto  in  a 
thorough  and  efficient  manner. 

First — All  poles  erected  under  this  ordinance  shall  be  securely 
planted  in  the  ground  at  such  place  or  places  as  said  standing  committee 
on  public  lights  may  direct,  and  shall  be  well  finished,  painted  and  sub- 
stantial in  every  respect,  with  wires  tightly  stretched  from  pole  to  pole 
throughout  the  entire  system ;  and  all  poles,  wires  and  other  fixtures  shall 
be  kept  safe,  secure  and  in  good  repair. 

Second — The  height  of  poles  shall  be  determined  by  said  standing 
committee  on  public  lights,  but  no  pole  shall  be  less  than  thirty  feet  high 
from  the  ground. 

Third — The  grantee  shall  put  the  streets,  alleys  and  sidewalks  in 
which  it  may  do  work  in  as  good  condition,  as  nearly  as  possible,  as  they 
were  before  such  work  was  commenced,  and  shall  do  so  to  the  satisfaction 
of  the  City  Council. 

Fourth — The  grantee  shall  be  liable  to  private  property  owners  for 
any  injuries  done  their  property  by  the  grantee  in  constructing,  maintain- 
ing or  operating  its  system,  and  shall  protect  and  indemnify  the  City  of 
Canton,  from  any  loss  or  damage  because  of  this  grant,  or  because  of  any 
work  done  by  the  grantee  under  its  provisions. 

Fifth — The  City  of  Canton  shall  have  the  free  right  and  privilege  of 
using  any  of  the  poles  of  the  grantee  now  or  hereafter  erected  for  its  fire 
alarm,  fire  attachments  and  police  patrol  purposes. 

Sec.  3.  That  the  said  grantee  with  the  approval  of  the  City  Council 
may  grant  the  use  of  all  or  any  of  its  poles  now  erected  or  hereafter  to  be 
erected  under  the  terms  of  this  ordinance,  to  any  other  electric  light  or 
power  company  which  may  hereafter  desire  to  use  such  poles  for  the 
purposes  authorized  by  this  ordinance,  provided  that  such  new  company 
or  companies  pay  or  agree  to  pay  and  secure  to  the  satisfaction  of  said 
grantee  for  such  use,  such  compensation  as  said  grantee  and  such  new 
company  or  companies,  may  agree  upon. 


SPECIAL  ORDINANCES 


285 


Sec.  4.  This  ordinance  shall  not  be  construed  as  preventing  the  City 
Council  from  establishing,  maintaining  and  operating  an  electric  lighting 
system  of  its  own  upon  or  along  any  of  the  streets  and  alleys  of  said  city. 

Sec.  5.  That  the  City  of  Canton  shall  not  be  liable  to  said  grantee, 
its  successors  and  assigns  for  any  damages  caused  by  fire  or  by  the  con- 
structions of  sewers  or  other  City  improvements  by  the  City,  and  the 
grantee,  its  successors  and  assigns  shall  conform  its  works  and  system  to 
any  such  improvements  from  time  to  time  made  by  the  City. 

Sec.  6.  That  the  above  conditions,  terms  and  provisions,  and  each 
of  them  shall  be  binding  upon  the  grantee  company,  its  successors  and 
assigns,  so  long  as  it  or  they  exercise  any  of  the  rights  or  privileges, 
granted  by  this  ordinance,  and  any  violations  of  said  conditions,  terms  or 
provisions  on  the  part  of  the  grantee,  its  successors  or  assigns,  shall  en- 
title the  City  of  Canton  to  a  forfeiture  of  the  grants  herein  contained  as 
against  said  grantee,  its  successors  or  assigns,  at  the  option  of  said  City 
of  Canton. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  legal  publication,  but  no  rights  shall  be  exercised  under 
it  until  the  grantee  company  shall  have  filed  with  the  City  Clerk  a  written 
acceptance  of  the  same,  and  shall  have  paid  the  costs  of  publication ;  and 
the  ordinance  entitled  "An  Ordinance  Granting  to  the  Canton  Light, 
Heat  and  Power  Company  the  right  to  construct,  maintain  and  operate 
an  electric  lighting  works  or  system  in  the  City  of  Canton,  Ohio,  and 
prescribing  the  terms  and  conditions  upon  which  the  grant  is  made," 
passed  October  15th,  1894,  be  and  the  same  is  hereby  repealed. 

Passed  October  29,  1894. 


286 


REVISED  ORDINANCES 


AN  ORDINANCE 

Granting  The  Citizens  Heat,  Light  and  Power  Company,  its  successors 
and  assigns,  the  right  to  lay,  operate  and  maintain  a  system  of  pipes 
through  and  under  the  streets,  lanes,  alleys  and  public  places  of  the 
City  of  Canton,  Ohio,  and  to  erect  and  maintain  poles  and  wires  and 
other  necessary  appliances  along  and  upon  said  streets,  lanes,  alleys 
and  public  places,  for  conveying  and  supplying  heat,  light  and  power 
to  said  city  and  its  inhabitants. 

Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  follows : 
Section  i.  That  for  and  during  the  period  of  twenty-five  years  from 
the  passage  of  this  ordinance  the  right  is  hereby  granted  to  the  Citizens 
Heat,  Light  and  Power  Company,  its  successors  and  assigns,  to  manu- 
facture, sell,  distribute,  deliver  and  dispose  of  steam  or  hot  water  and 
electricity,  within  the  City  of  Canton,  Ohio,  for  the  purpose  of  heating 
and  supplying  electricity  for  power  and  lighting  purposes  to  buildings  and 
other  places  within  said  city,  and  for  any  other  purpose  for  which  steam 
or  hot  water  or  electricity  may  prove  to  be  adapted ;  and  for  this  purpose, 
the  right  is  hereby  granted  the  said  The  Citizens  Heat,  Light  and  Power 
Company,  its  successors  and  assigns,  to  enter  upon  and  construct,  lay, 
operate  and  maintain  in  the  streets,  lanes,  alleys  and  public  places  of  said 
city,  a  system  of  pipes  with  all  necessary  branches,  cut-offs,  man-holes 
and  other  equipments,  and  to  erect  and  maintain  lines  of  poles  and  wires 
and  other  necessary  apparatus  along  and  upon  the  streets,  lanes,  alleys 
and  public  places  of  said  city,  and  to  re-enter  upon  such  streets,  lanes, 
alleys  and  public  places  froin  time  to  time  as  may  be  necessary  for  the 
maintenance,  operation,  repair  and  renewal  of  such  system  and  pole  lines, 
or  any  portion  of  the  same,  provided  that  the  authority,  right  and  permis- 
sion herein  granted  shall  be  exercised  in  such  manner  as  to  do  no  un- 
neccessary  injury  or  damage  to  such  streets,  lanes,  alleys  and  public  places, 
and  provided  further  that  such  authority,  right  and  permission  shall  be 
exercised  subject  to  the  restrictions  contained  in  this  ordinance  as  herein- 
after contained,  and  provided  further  that  the  right  is  hereby  reserved 
to  said  city  to  regulate,  at  intervals  of  not  less  than  five  years,  the  prices 
which  may  be  charged  for  such  heat  and  power- 


SPECIAL,  ORDINANCES 


287 


Sec.  2.  That  all  such  pipes,  mains,  sub-mains,  and  other  equipments 
necessary  for  the  transportation  of  heat,  for  the  purposes  aforesaid,  shall 
be  of  standard  weight  and  quality,  and  shall  be  properly  and  securely  laid 
and  buried  in  the  ground,  and  all  poles  located  and  wires  strung,  for  the 
purposes  aforesaid,  shall  be  under  the  supervision  and  direction  of  the 
Board  of  Public  Service  of  said  city,  and  such  supervision  and  direction 
shall  include  both  the  original  construction  of  said  system  of  pipes  and 
pole  lines,  as  well  as  the  repairs  or  removal  of  the  same. 

Sec.  3.  That  all  service  pipes  shall  be  carried  to  the  lot  line  of  prop- 
erties to  be  supplied  with  heat  by  the  said  grantee,  its  successors  and 
assigns,  who  shall  not  claim  or  exercise  any  exclusive  right  in  the  matter 
of  furnishing  equipments,  plumbing,  etc.,  for  buildings  to  be  supplied  with 
heat,  but  all  such  equipments  and  plumbing  from  the  lot  line  to  and  in  the 
buildings  to  be  heated,  shall  be  furnished  and  performed  by  such  persons  or 
company  as  the  owner  or  owners  of  the  property  may  employ;  but  the 
plans  and  specifications  for  such  equipments  shall  conform  to  the  plans 
and  specifications  adopted  by  the  said  grantee,  its  successors  and  assigns, 
copies  of  which  plans  and  specifications,  so  adopted,  shall  be  kept  on  file 
at  the  office  of  the  said  grantee,  its  successors  and  assigns,  and  shall,  at 
all  reasonable  hours  be  open  to  the  inspection  of  persons  desiring  to  in- 
spect the  same,  and  said  work  shall  be  subject  to  inspection  by  inspectors 
for  said  grantee,  its  successors  and  assigns,  and  shall  be  subject  to  their 
approval,  and  it  shall  be  the  duty  of  all  plumbers  and  steam  fitters,  before 
making  connections  with  the  steam  main  or  steam  service  pipes  in  any 
building,  to  first  obtain  the  consent  in  writing  from  said  grantee,  its 
successors  and  assigns,  to  make  such  connections,  and  that  upon  the 
completion  of  said  work  the  same  be  duly  reported  to  the  said  grantee, 
its  successors  and  assigns,  for  inspection  and  approval.  That  the  station 
for  the  generating  of  steam  or  hot  water  and  electricity  to  be  distributed 
and  sold,  as  herein  provided,  shall  be  located  and  maintained  throughout 
the  term  of  this  grant,  not  nearer  the  public  square  of  said  city  than  a  dis- 
tance of  one  thousand  feet. 

Sec.  4.  That  before  said  system  of  pipes  or  pole  lines  shall  be  con- 
structed on  any  street,  lane,  alley  or  public  place  in  said  city,  said  grantee, 
its  successors  and  assigns,  shall  submit  to  the  Board  of  Public  Service 
of  said  city  a  plan  of  the  same,  showing  as  nearly  as  practicable  the  pro- 


288 


REVISED  ORDINANCES 


posed  location  of  said  pipes  and  poles  and  other  appliances,  which  said 
plan  shall  remain  on  the  file  in  the  office  of  said  Board  of  Public  Service 
for  public  inspection,  and  shall  be  approved  by  said  Board  before  any 
work  shall  be  done  on  any  street,  alley  or  public  place. 

Sec.  5.  That  all  such  poles  shall  be  straight  and  neatly  painted,  and 
the  wires  strung  thereon  shall  in  no  case  approach  nearer  than  thirty  feet 
of  the  surface  of  any  street,  lane,  alley  or  public  place  or  private  driveway 
over  or  along  which  said  line  may  pass,  and  the  said  City  of  Canton  shall 
be  permitted  to  place  and  maintain  on  the  top  cross  arm  of  any  or  all 
such  poles,  the  police  and  fire  alarm  wires  of  said  city,  without  charge,  pro- 
vided, the  same  shall  be  so  placed  and  maintained  as  not  to  interfere  with 
the  use  of  the  wires  of  said  grantee,  its  successors  and  assigns,  and  pro- 
vided further  that  said  grantee,  its  successors  and  assigns,  shall  construct 
and  maintain  underground  wires  and  other  apparatus  for  containing,  pro- 
tecting and  operating  said  wires  in  the  streets,  lanes,  alleys  and  public 
places  of  said  city  within  the  following  boundaries,  to-wit:  On  the  north 
by  the  north  line  of  Fourth  street ;  on  the  east  by  the  east  line  of  Walnut 
street;  on  the  south  by  the  south  line  of  Eighth  street  and  on  the  west  by 
the  west  line  of  Cleveland  avenue,  and  that  within  said  boundaries  no  poles 
shall  be  erected  or  maintained,  except  such  poles  as  may  be  required  for 
the  purpose  of  distributing  wires  from  the  subways  and  stations  to  sub- 
scribers and  consumers,  and  all  such  poles  shall,  so  far  as  possible,  be 
located  in  the  alleys  of  said  city,  provided  further  that  all  such  streets, 
lanes,  alleys  and  public  places  interfered  with  by  such  system  of  pipes 
and  the  erection  of  such  poles  shall  without  unnecessary  delay  be 
restored  to  their  former  condition,  and  that  the  work  so  to  be  done  shall 
be  done  under  the  supervision  and  direction  of  an  inspector  to  be  ap- 
pointed by  the  Board  of  Public  Service  of  said  city,  and  to  be  paid  by 
said  grantee,  its  successors  and  assigns,  and  said  work  shall  be  done  to 
the  acceptance  and  approval  of  the  City  Engineer  of  said  city. 

Sec.  6.  That  said  grantee,  its  successors  and  assigns,  on  entering 
upon  any  such  streets,  lanes,  alleys  or  public  places,  for  the  purpose  of 
constructing  or  repairing  any  portion  of  said  system  of  pipes  or  pole  lines, 
shall  prosecute  the  work  with  due  diligence  and  shall  close  all  trenches  or 
holes  as  soon  as  possible  after  the  work  progresses,  leaving  all  such 
streets,  lanes,  alleys  and  public  places  at  the  same  grade  and  in  the  same 


SPECIAL,  ORDINANCES 


289 


condition  as  the  same  may  be  found  by  them  at  the  time  of  such  entry, 
and  such  work  shall  be  done  so  as  to  interfere  as  little  as  possible  with 
the  public  use  and  travel  upon  such  streets,  lanes,  alleys  and  public  places. 

Sec.  7.  That  said  grantee,  its  successors  and  assigns,  shall  be  liable 
to  private  property  owners  for  any  injury  done  by  them  to  their  propert}' 
in  constructing,  maintaining  or  operating  said  system  of  heating  and 
supplying  electricity  for  power  and  lighting  purposes,  and  shall  protect 
and  indemnify  the  said  City  of  Canton  from  any  loss  or  damage  because 
of  this  grant,  or  because  of  any  work  done  by  them  under  its  provisions. 

Sec.  8.  That  said  grantee,  its  successors  and  assigns,  shall  not  inter- 
fere in  any  manner  with  the  rights,  privileges,  franchises  or  property  of 
any  other  person  or  corporation  now  owning  or  operating,  or  who  may 
hereafter  own  or  operate,  any  system  of  gas  pipes,  water  pipes  or  sewers 
in  said  city,  or  with  the  operation  of  any  telegraph,  telephone  or  electric 
light  lines  in  said  city,  and  nothing  in  this  ordinance  shall  be  constructed 
to  give  exclusive  right  or  privilege  to  said  grantee,  its  successors  and 
assigns. 

Sec-  9.  That  nothing  contained  in  this  ordinance  shall  in  any  wise 
release  or  relieve  said  grantee,  its  successors  and  assigns,  from  a  due  com- 
pliance with  all  the  ordinances  of  said  city  relating  to  the  use  of  the 
streets,  lanes,  alleys  and  public  places  of  said  city,  for  the  purposes  men- 
tioned in  this  ordinance,  now  in  force  or  which  hereafter  may  be  adopted 
by  the  City  Council  of  said  city. 

Sec.  10.  That  the  prices  to  be  charged  per  season  for  heating  by 
hot  water  radiation  and  steam  respectively  during  five  years  succeeding 
the  passing  of  the  ordinance  of  November  25th,  1904,  within  the  cor- 
porate limits  of  said  city  shall  be  as  follows  :  For  hot  water  radiation  not 
to  exceed  twenty  cents  per  square  foot  of  radiating  surface ;  for  steam 
radiation  not  to  exceed  thirty-five  cents  per  square  foot  of  radiating  sur- 
face, or,  if  measured  by  water  condensation,  then  not  exceeding  sixty 
cents  per  thousand  pounds  of  water  condensed,  the  right  to  use  and 
exercise  of  either  or  both  of  which  methods  of  measurement  being  hereby 
given  said  grantee,  its  successors  and  assigns,  provided,  however,  that 
this  shall  not  prevent  said  grantee,  its  successors  and  assigns,  and  any 
consumer  agreeing  to  or  contracting  for  the  use  of  meters  or  other  meas- 
uring instruments  or  appliances  for  ascertaining  or  measuring  the  amount 
of  radiation. 


290 


REVISED  ORDINANCES 


,Sec.  ii.  That  within  a  period  of  two  (2)  years  from  the  date  of  this 
ordinance,  said  The  Citizens  Heat,  Light  and  Power  Company,  or  its 
successors  or  assigns,  shall  do  and  perform  or  cause  to  be  done  and  per- 
formed, the  matters  and  things  following: 

First — Erect  or  establish,  or  cause  to  be  erected  or  established,  within 
the  corporate  limits  of  said  City  of  Canton  and  at  the  distance  from  the 
square  of  said  city,  as  hereintofore  provided,  and  have  in  practical  opera- 
tion, a  plant  of  such  capacity  as  shall  be  sufficient  to  carry  out  fully  and 
to  all  intents  and  purposes,  the  provisions  of  this  grant,  that  is  the  estab- 
lishment, maintenance  and  operation  of  a  plant  for  the  purpose  herein 
specified. 

Second — Shall  within  said  time,  lay  and  construct  the  pipes  for  said 
steam  or  hot  water  heating  system,  in,  through  and  under  the  streets, 
lanes,  alleys  and  public  places  in  said  city,  including  mains  and  laterals 
for  a  distance  of  not  less  than  two  (2)  miles. 

Third — Shall  within  said  time  cover  not  less  than  five  miles  of  the 
streets,  avenues,  alleys  or  public  ways  of  said  city,  with  electrical  wires 
and  poles  or  underground  construction. 

Sec-  12.  As  the  demands  of  the  public  and  citizens  may  require  and 
justify  said  grantee,  its  successors  or  assigns,  shall  from  time  to  time 
increase  the  capacity  of  said  plant  and  the  number  of  miles  of  pipe  for 
steam  or  hot  water  heating  and  the  number  of  miles  of  electrical  wiring 
for  the  purpose  of  furnishing  heat  and  electricity  under  the  terms  and 
provisions  of  this  ordinance ;  and  upon  the  failure  of  said  grantee,  its 
successors  and  assigns,  to  do  and  perform  the  matters  and  things  herein- 
before specified,  providing  such  nonperformance  is  caused  by  the  neglect, 
default  or  refusal  of  said  grantee,  its  successors  and  assigns,  to  do  so, 
then  all  rights  and  privileges  hereunder  granted,  shall  cease  and  deter- 
mine at  the  option  of  said  City  of  Canton. 

Sec.  13.  Before  entering  upon  the  work  herein  provided  for,  the 
said  grantee,  its  successors  and  assigns,  shall  execute  a  bond  to  the  said 
City  of  Canton  in  the  penal  sum  of  ten  thousand  dollars  to  be  approved 
by  the  Board  of  Public  Service  of  said  city,  conditioned  that  the  said 
grantee,  its  successors  and  assigns  shall  pay  to  the  said  City  of  Canton 
all  injuries,  damages,  charges,  judgments  and  other  necessary  expenses 
that  may  accrue  to  said  city  by  reason  of  the  failure  of  said  grantee,  its 


SPECIAL  ORDINANCES 


291 


successors  and  assigns,  to  properly  replace  any  pavement,  street,  alley  or 
other  public  places  in  said  city,  disturbed  by  them  in  the  construction  of 
said  work,  and  conditioned  to  have  said  city  harmless  from  any  injury  to 
person  or  property  by  reason  of  its  use,  occupancy  or  obstruction  of  said 
pavements,  streets,  alleys  or  other  public  places  in  said  city  by  said  grantee, 
its  successors  and  assigns,  and  said  bond  shall  be  in  full  force  and  effect 
for  the  full  term  of  two  years  from  and  after  signing  and  delivery  thereof, 
and  renewable  on  demand  of  said  city  council  at  such  times  as  it  may 
deem  it  necessary,  payable  to  said  City  of  Canton,  the  form  of  which  bond 
shall  be  approved  by  the  City  Solicitor  of  said  city. 

Sec.  14.  That  this  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  legal  publication,  and  the  filing  of  an  uncondi- 
tional acceptance  thereof  by  the  said  The  Citizens  Heat,  Light  and  Power 
Company,  in  the  office  of  the  Clerk  of  Council  of  said  city,  and  the  pay- 
ment of  the  costs  and  the  publishing  of  this  ordinance  as  required  by  law, 
but  the  acceptance  herein  provided  for  must  be  filed  within  ten  days  after 
the  passage  of  this  ordinance. 

Passed  November  23,  1904. 

GEO.  H.  LEGGETT, 
President  of  the  Council. 
WILLIAM  WAGNER,  Clerk  of  the  Council,  Pro  Tern. 
Approved  November  25,  1904. 

By  W.  H.  SMITH,  Mayor. 

Published  in  the  Evening  Repository  December  1  and  8. 
Unconditional  written  acceptance  of  Franchise  by  the  Company,  filed 
with  the  City  Clerk,  November  27,  1904. 


AN  ORDINANCE 

To  authorize  the  Canton  Gas  Fuel  Company,  its  successors  and  assigns, 
to  lay  and  maintain  pipes  in  streets,  avenues,  alleys  and  public  grounds 
in  the  City  of  Canton,  Ohio,  for  certain  purposes,  under  the  condi- 
tions herein  stated. 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  That 
permission  be  and  is  hereby  granted  to  the  Canton  Gas  Fuel  Company, 


292 


REVISED  ORDINANCES 


its  successors  and  assigns,  to  lay  and  maintain  pipes  in  the  streets,  alleys 
and  public  grounds  of  the  City  of  Canton,  for  the  purpose  of  supplying 
natural  or  other  gas  for  heating  purposes  to  the  manufactories  and  public 
and  private  buildings  in  said  city,  upon  the  terms  and  conditions  herein- 
after expressed. 

Sec.  2.  Said  Company  shall,  within  two  years,  or  as  soon  thereafter 
as  said  Council  shall  direct,  commence  the  laying  of  main  or  lateral  pipes 
in  such  streets,  lanes,  alleys  and  public  grounds,  and  shall  prosecute  said 
work  with  diligence  and  dispatch. 

Sec.  3.  All  private  buildings  and  manufactories  along  the  line  of 
said  main  or  lateral  pipes  shall  be  furnished  with  said  gas  for  heating  pur- 
poses at  a  uniform  price,  and  all  public  buildings  belonging  to  said  city, 
and  abutting  upon  streets  or  public  grounds  along  which  said  main  or 
lateral  pipes  shall  be  furnished  with  said  gas  for  heating  purposes,  when- 
ever so  required,  at  a  price  at  least  ten  per  centum  below  the  schedule 
rates  for  private  use. 

Sec.  4.  All  pipes  shall  be  laid  under  the  direction  and  supervision 
of  the  Council,  in  accordance  with  such  plans  and  rules  as  the  Council 
may  from  time  to  time  prescribe. 

Sec.  5.  Said  Company  shall,  at  its  own  cost  and  expense,  relay  any 
pavement  taken  up  or  removed,  and  shall  so  lay  its  pipes  as  not  to  interfere 
with  the  gas,  water  or  sewerage  of  said  city,  and  in  case  any  damage  or 
injury  is  done  to  any  public  or  private  property  by  said  Company,  it  shall 
make  full  compensation  therefor,  but  the  said  City  of  Canton  shall  in  no 
case  be  liable  to  said  Company  for  any  injuries  caused  by  improving  its 
streets,  avenues,  alleys  and  public  grounds. 

Sec.  6.  That  the  City  of  Canton  shall  not  be  held  liable  to  said 
Company  for  damages  said  Company  may  incur  from  the  breakage  of  any 
sewers  or  water  pipes,  or  for  any  delay  caused  by  the  construction  of 
sewers,  the  laying  of  water  or  gas  pipes,  or  necessary  repairing  of  same, 
or  from  other  delay  or  damage  that  may  be  caused  by  fire  or  otherwise. 
And  all  rights  vested  in  the  City  Council,  the  Water  Works  Board  of 
Trustees,  or  gas,  gasoline  and  electric  light  companies,  in  respect  to  the 
rare  and  improvements  of  the  streets  and  alleys,  the  construction  of  sew- 
ers, culverts  or  drains,  and  the  laying  of  water  or  gas  pipes  therein,  are 
in  no  way  affected  or  impaired  by  any  privileges  herein  granted  to  said 


SPECIAL  ORDINANCES 


293 


Company.  And  said  Company  shall  be  liable  for  any  loss  or  injury  that 
ariy  person  may  sustain  by  reason  of  the  negligence  or  misconduct  of  said 
Company,  by  or  through  its  agents,  servants  or  officers,  or  either  of  them 
in  the  management,  construction  or  use  of  its  pipes  and  plant,  and  said 
Company  shall  indemnify  and  hold  the  city  harmless  from  damages  that 
may  be  claimed  by  property  holders,  or  by  any  person  or  persons,  on 
account  of  the  laying  of  such  pipes,  or  conducting  through  same  any 
explosives  of  whatever  kind  in  the  use  of  the  same. 

Sec.  7.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication  thereof. 

Passed  May  17,  1886. 


AN  ORDINANCE 

To  regulate  the  price  of  gas  and  the  rental  of  gas  meters  furnished  to  the 
citizens,  public  buildings  and  grounds  of  the  City  of  Canton,  Ohio. 
Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  follows : 

Section  1.  That  for  a  period  of  five  years  from  and  after  the  passage 
of  this  ordinance,  The  Canton  Gas,  Light  and  Coke  Company,  or  any 
other  corporation,  company,  association  or  person  engaged  in  the  manu- 
facturing of  gas  for  lighting  purposes,  shall  have  the  privilege  of  using  the 
streets,  alleys,  avenues,  lanes,  commons,  bridges  and  public  grounds  of 
said  City  of  Canton,  for  the  purpose  of  laying  and  maintaining  pipes  to 
be  used  for  conveying  gas  for  lighting  purposes,  together  with  the  right 
to  dig  and  excavate  in  any  or  all  of  such  streets,  alleys,  avenues,  lanes, 
commons  and  public  grounds  for  the  purpose  of  laying  and  maintaining 
pipes  and  other  appliances  required  to  convey  gas  to  consumers  thereof 
as  said  council  of  the  City  of  Canton  may  designate,  and  under  such  ordi- 
nances, directions,  rules  and  regulations  as  said  Council  may  pass,  and 
may  charge  for  gas,  which  shall  be  of  not  less  than  sixteen  candle  power, 
furnished  to  the  public  buildings  and  grounds  and  to  the  citizens  or  pri- 
vate consumers  of  said  City  of  Canton,  at  a  price  not  exceeding  one  and 
twenty  one-hundredths  dollars  (1.20)  for  each  one  thousand  cubic  feet  of 
gas  so  furnished  and  that  from  said  price  of  one  and  and  twenty  one- 
hundredths  dollars  ($1.20)  per  thousand  cubic  feet  a  discount  at  the  rate 


294 


REVISED  ORDINANCES 


of  twenty  cents  per  thousand  cubic  feet  shall  be  made  on  all  bills  on  or 
before  the  ioth  day  of  each  month  for  gas  consumed  during  the  pre- 
ceding months,  providing  payment  is  made  on  or  before  the  ioth  day  of 
each  month  for  gas  consumed  during  the  preceding  months,  making  a  net 
price  of  such  gas  per  thousand  cubic  feet,  providing  payment  is  made 
as  above  stated  at  One  dollar  ($1.00);  and  said  The  Canton  Gas  Light  & 
Coke  Company  or  any  other  corporation,  company,  association  or  person 
engaged  in  manufacturing  gas  for  lighting  purposes,  as  above  stated,  shall 
in  no  event  during  said  term  of  five  years,  charge  more  for  gas  furnished 
to  such  public  buildings,  grounds  or  individuals  than  prices  herein  specified. 

Sec.  2.  All  gas  bills  shall  be  due  and  payable  on  or  before  the  ioth 
day  of  each  month  for  gas  consumed  during  the  preceding  month. 

Sec.  3.  No  rent  whatever  shall  be  charged  for  gas  meters  to  either 
the  public  or  private  consumers ;  Privided,  however,  that  if  the  amount 
of  gas  consumed  through  any  one  meter  shall  amount  to  less  than  twenty- 
five  cents  in  value  per  month  for  two  consecutive  months  at  the  rate 
aforesaid,  in  that  event  a  rental  of  twenty-five  cents  a  month  may  be 
charged  in  lieu  of  the  charge  for  gas  consumed. 

Sec.  4.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication  and  the  acceptance  in  writing  of 
the  conditions  and  terms  thereof  by  said  The  Canton  Gas  Light  &  Coke 
Company,  or  such  other  corporation,  company,  association  or  person  en- 
gaged, or  who  may  hereafter  be  engaged  in  the  manufacture  of  gas  for 
lighting  purposes  in  said  City  of  Canton,  and  who  desire  to  accept  the 
provisions  thereof,  which  acceptance  shall  be  filed  with  the  Clerk  of  said 
city  of  Canton,  Ohio. 

Passed  April  15,  1901. 

A.  H.  ECKHARDT, 
President  of  the  Council. 

Attest:    LOUIS  N.  LEY,  City  Clerk. 


SPECIAL  ORDINANCES 


295 


AN  ORDINANCE 

Granting  to  The  East  Ohio  Gas  Company,  its  successors  and  assigns,  the 
right  to  lay,  bury,  maintain,  operate,  repair  and  remove  mains  and 
pipes  in,  through  and  under  the  streets,  lanes,  alleys  and  public 
grounds  of  the  City  of  Canton,  Ohio,  for  the  transportation  and  supply 
of  natural  gas  to  said  City  and  its  inhabitants. 

Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  follows : 

Section  r.  That  The  East  Ohio  Gas  Company,  its  successors  and 
assigns,  are  hereby  granted  the  right  to  enter  upon  the  streets,  lanes, 
alleys  and  public  grounds  of  the  City  of  Canton,  Ohio,  and  to  dig  trenches, 
and  lay  and  bury  therein,  and  maintain,  operate,  repair  and  remove  mains 
and  pipes  of  standard  weights  and  quality  and  of  such  sizes  as  the  said 
Company  shall  think  best  for  the  transportation  and  supply  of  natural  gas 
to  the  said  City  and  to  all  persons,  firms,  corporations,  limited  partner- 
ships and  associations  residing  or  doing  business  in  said  City,  together 
with  the  right  to  construct  and  maintain,  repair  and  remove  all  neces- 
sary regulators,  valves,  curb  boxes,  safety  appliances,  etc. 

Sec.  2.  That  all  work  done  in  and  upon  any  of  the  streets,  lanes,  and 
alleys  of  said  City  of  Canton  under  and  in  pursuance  of  the  provisions  of 
this  ordinance,  either  in  the  original  construction  or  making  of  repairs,  or 
removal  of  pipes,  shall  be  done  under  the  direction  and  supervision  of  the 
City  Civil  Engineer,  and  all  trenches  and  ditches  shall  be  dug,  and  pipes 
laid  therein,  and  the  trenches  or  ditches  closed  and  paving  replaced  in  the 
shortest  possible  time  in  which  the  same  can  be  done  with  skillfulness  and 
safety,  and  all  pavements,  sidewalks  or  other  improvements  interfered 
with  shall  be  replaced  in  as  good  and  substantial  condition  as  before  such 
interference ;  and  such  work  shall  be  done  so  as  to  interfere  as  little  as 
possible  with  the  public  use  and  travel  upon  said  streets,  lanes  and  alleys 
and  in  the  work  of  the  original  construction  said  company  shall  employ 
for  unskilled  labor  only  residents  of  the  City  of  Canton,  Ohio,  in  so  far 
as  practicable. 

All  service  pipes  to  be  placed  and  located  at  such  points  and  locations 
as  will  meet  the  approval  of  the  owner  of  the  property  whose  premises  are 
to  be  connected  by  service  pipe. 


296 


REVISED  ORDINANCES 


All  pipes  to  be  laid  with  reference  to  the  present  surface  grade  of  the 
streets,  lanes,  alleys  or  public  grounds  upon  which  the  same  may  be 
placed,  and  in  case  the  grade  of  such  streets  shall  be  hereafter  changed 
said  The  East  Ohio  Gas  Company  shall  cause  its  said  pipes  to'  be  taken 
up  and  relaid  in  conformity  to  such  changed  grade  and  shall  not  be  en- 
titled to  any  compensation  or  damages  by  reason  of  such  change  of  grade. 

In  case  said  The  East  Ohio  Gas  Company  shall  fail  to  refill  any  ex- 
cavations made  by  it  or  fail  to  repave  in  the  construction,  removal  or  re- 
pair of  its  said  line  or  lines,  or  shall  fail  or  neglect  to  make  any  repairs 
or  repaving  that  may  have  been  made  necessary  by  reason  of  the  construc- 
tion or  repair  of  its  said  line  or  lines,  the  said  City  of  Canton  may,  after 
notice  having  been  first  given  to  said  company  at  its  office  in  the  City  of 
Canton,  Ohio,  make  such  repairs  and  do  such  repaving  and  the  cost  and 
expense  thereof  shall  be  paid  to  the  city  by  the  said  The  East  Ohio  Gas 
Company,  its  successors  or  assigns. 

In  the  construction,  maintenance  and  repair  of  any  of  said  pipes  or 
lines  the  said  The  East  Ohio  Gas  Company  shall  comply  with  all  existing 
ordinances  of  said  city  as  to  placing  lights  and  danger  signals  and  shall  be 
liable  for  any  damage  that  may  arise  by  reason  of  their  failure  or  neglect 
to  comply  with  such  ordinances.  And  the  City  Council  may  appoint  not 
more  than  two  competent  persons  as  inspectors  to  supervise  the  repaving 
made  necessary  by  the  construction  of  the  mains  in  and  through  the  paved 
streets  and  alleys  and  the  said  company  shall  pay  the  said  inspectors  three 
dollars  per  day  for  the  time  actually  engaged  in  said  supervision. 

Sec.  3.  The  said  The  East  Ohio  Gas  Company,  its  successors  and 
assigns,  shall  protect,  keep  and  save  harmless  the  City  of  Canton,  Ohio, 
from  all  damages,  loss,  cost  and  expense  arising  from  any  accident,  leak 
or  explosion  during  the  construction,  maintenance  and  operation  of  its 
said  lines  in  the  streets,  lanes,  alleys  and  public  grounds  of  said  city. 

Sec.  4.  The  said  company,  its  successors  and  assigns,  shall  not  inter- 
fere in  any  manner  with  the  rights,  privileges,  franchises  or  property  of 
any  other  person  or  corporation  now  owning  or  operating,  or  who  may 
hereafter  own  or  operate  any  system  of  pipes  for  the  transportation  or 
distribution  of  artificial  or  natural  gas  in  said  city,  or  with  the  water  pipes 
or  sewers  of  said  city,  or  with  the  operation  of  any  street  railway,  and 
nothing  in  this  ordinance  shall  be  construed  to  give  any  exclusive  right 
or  privilege. 


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297 


Sec.  5.  The  said  company  shall  at  all  times,  be  subject  to  and  ob- 
serve all  reasonable  regulations  and  conditions  which  the  city  may  here- 
after ordain,  as  to  the  use,  maintenance  and  operation  of  said  system  of 
pipes  for  the  due  protection  of  the  inhabitants  of  the  city. 

Sec.  6.  The  following  are  fixed  as  the  medium  rates  at  which  said 
company  shall  at  any  time  during  the  period  of  ten  years  next  ensuing 
the  passage  of  this  ordinance,  be  required  to  furnish  natural  gas  to  the 
citizens  and  public  buildings  of  said  city. 

During  the  first  five  years  after  the  passage  of  said  ordinance,  twen- 
ty-five cents  for  each  one  thousand  cubic  feet  of  gas  sold  and  delivered 
in  case  said  gas  is  paid  for  on  or  before  the  tenth  day  of  the  month  fol- 
lowing that  in  which  the  gas  was  delivered ;  and  twenty-seven  cents  for 
each  one  thousand  cubic  feet  of  gas  sold  and  delivered  in  case  the  same  is 
not  paid  for  until  after  the  tenth  day  of  the  month  following  that  in  which 
the  gas  is  so  sold  and  delivered.  And  after  the  expiration  of  five  years 
from  and  after  the  date  of  the  passage  of  this  ordinance,  thirty  cents  for 
each  one  thousand  cubic  feet  of  gas  sold  and  delivered,  providing  said 
gas  is  paid  for  on  or  before  the  tenth  day  of  the  month  following  that  in 
which  said  gas  is  so  sold  and  delivered,  and  thirty-two  cents  for  each  one 
thousand  cubic  feet  of  gas  so  sold  and  delivered  in  case  said  gas  is  not 
paid  for  until  after  the  tenth  day  of  the  month  following  that  in  which 
said  gas  is  so  sold  and  delivered,  and  the  said  company  shall,  for  the 
period  of  ten  years  from  and  after  the  passage  of  this  ordinance  charge 
and  receive  for  all  gas  furnished  any  citizen  or  citizens,  public  building, 
corporation,  company  or  association,  a  sum  not  to  exceed  the  said  min- 
imum rates  hereinbefore  set  forth,  and  the  said  company  shall  make  a  re- 
duction of  ten  per  cent  for  all  gas  furnished  to  the  City  Buildings,  Public 
School  Buildings,  Churches,  Aultman  Hospital  and  Public  Library,  from 
the  rates  charged  to  other  consumers  of  gas  using  it  in  buildings  in  a 
similar  manner.  And  the  Councils  of  the  City  of  Canton  shall  not,  during 
the  period  of  ten  years  from  and  after  the  passage  of  this  ordinance,  pass 
any  ordinance  fixing,  or  attempting  to  fix,  the  rates  at  which  gas  shall  be 
supplied,  at  any  lower  price' than  these  set  forth. 

Sec.  7.  The  East  Ohio  Gas  Company  shall  commence  within  thirty 
days  from  and  after  the  acceptance  of  this  ordinance,  to  lay  mains  and 
pipes  in  the  streets  of  the  City  of  Canton,  Ohio,  and  shall,  within  four 


298 


REVISED  ORDINANCES 


months  thereafter,  have  laid  at  least  twenty  miles  of  mains  and  pipes 
within  the  streets,  lanes  and  alleys  of  said  city.  And  said  company  shall 
not,  between  the  first  day  of  January  and  the  first  day  of  April  in  any 
year,  lay  any  main  in  any  of  the  paved  streets  of  said  city,  except  as  the 
same  may  be  necessary  for  the  purpose  of  repair. 

The  said  East  Ohio  Gas  Company  shall,  within  four  months  from 
the  passoge  of  this  ordinance,  furnish  to  the  City  Civil  Engineer  a  cor- 
rect chart,  showing  the  location  of  their  main  and  lateral  pipes  within 
the  City  of  Canton,  and  shall  from  time  to  time  thereafter,  as  may  be 
requested  by  the  City  Civil  Engineer,  furnish  such  additional  chart  or 
charts  or  corrections  to  former  charts  as  may  be  requested  by  such  En- 
gineer. 

Sec.  8.  The  provisions  of  this  ordinance  shall  bind  The  East  Ohio 
Gas  Company,  its  successors  and  assigns,  but  the  rights,  privileges  and 
franchises  hereby  granted  shall  not  be  transferred  or  assigned  until  after 
said  company  shall  have  their  said  lines  in  operation,  and  shall  have 
begun  supplying  gas  to  customers  in  the  City  of  Canton,  Ohio. 

Sec.  9.  The  East  Ohio  Gas  Company  shall,  within  ten  days  after 
the  passage  of  this  ordinance,  file  with  the  City  Clerk  of  the  City  of  Can- 
ton, Ohio,  its  written  acceptance  over  its  corporate  seal,  signed  by  its 
president  and  secretary  thereof,  of  the  terms  and  provisions  of  this  ordi- 
nance, and  shall  also  file  with  the  City,  Clerk  a  bond  with  sufficient  surety, 
to  be  approved  by  the  City  Council,,  in  the  penal  sum  of  Ten  Thousand 
($10,000)  dollars,  to  be  renewed  on  demand  of  the  City  Council  at  such 
times  as  it  may  deem  it  necessary,  payable  to  the  City  of  Canton,  Ohio, 
the  form  of  which  bond  shall  be  approved  by  the  City  Solicitor. 

Said  bond  shall  be  conditioned  that  said  company  will  fully  protect, 
indemnify  and  save  harmless  the  city  from  any  and  all  actions,  damages, 
losses,  costs,  charges  and  expenses  of  every  kind  made,  suffered  or  in- 
curred in  any  manner  by  reason  of,  or  in  consequence  of,  arising  from, 
or  connected  with,  the  use  and  occupation  of  any  such  streets,  alleys, 
lanes  or  public  grounds  in  said  city,  or  resulting  from  the  excavation  of 
any  street,  lane,  alley  or  public  ground,  or  any  material  therein,  or  any 
work  therein,  or  from  the  use.  effect  or  explosion  of  gas  in  any  of  the 
mains  or  pipes  alter  the  same  are  laid,  or  by  any  other  reason  connected 
with  the  Operating  thereof,  or  if  in  ease  any  expense  shall  be  incurred  by  the 


SPECIAL  ORDINANCES 


299 


city  by  reason  of  the  abandonment  or  removal  of  any  pipes  or  fixtures  of 
any  kind,  and  in  case  the  city  shall  be  compelled  to  pay  any  person  or 
persons,  corporations  or  co-partnership  for  any  loss  or  injury,  or  damage 
to  any  person  or  property,  the  same  shall  be  fully  paid  or  reimbursed  to 
said  city  by  said  company,  with  all  the  costs  and  expenses  connected 
therewith  or  arising  therefrom,  and  the  sum  so  paid  shall  be  conclusive 
upon  said  company,  and  said  company  shall  save  the  city  harmless  from 
the  payment  of  any  judgment  rendered  on  any  claim  described  in  this 
section,  and  shall  be  further  conditioned  that  it  will  keep  and  comply  with 
all  of  the  terms,  requirements  and  conditions  of  this  ordinance. 

Sec.  10.  Should  the  said  The  East  Ohio  Gas  Company,  its  suc- 
cessors and  assigns,  fail,  neglect  or  refuse  to  comply  with  any  of  the 
provisions  of  Section  7  of  this  ordinance,  or  fail,  neglect  or  refuse  to  supply 
gas  to  consumers  within  the  City  of  Canton  within  six  months  after  the 
passage  of  this  ordinance,  unavoidable  delay  alone  excepted,  or  should 
fail  to  give  bond  provided  for  in  the  next  preceding  section,  or  fail  to 
file  their  written  acceptance  of  this  ordinance  as  hereinbefore  stated,  then 
the  rights,  privilege  and  franchise  hereby  granted  shall  be  forfeited  and 
the  same  become  null  and  void,  at  the  option  of  the  City  Council. 

Sec.  11.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 

Passed  September  20,  1898. 


Know  all  men  by  these  presents,  That  The  East  Ohio  Gas  Company, 
a  corporation  organized  under  the  laws  of  the  State  of  Ohio,  has  accepted 
and  by  these  presents  does  accept  all  of  the  terms,  conditions  and  provi- 
sions of  an  ordinance  passed  by  the  City  Council  of  the  City  of  Canton, 
Ohio,  on  the  20th  day  of  September,  A.  D.,  1898,  entitled  "An  Ordinance 
granting  to  The  East  Ohio  Gas  Company,  its  successors  and  assigns,  the 
right  to  lay,  bury,  maintain,  operate,  repair  and  remove  mains  and  pipes, 
in,  through  and  under  the  streets,  lanes,  alleys  and  public  grounds  in  the 
City  of  Canton,  Ohio,  for  the  transportation  and  supply  of  natural  gas 
to  said  city  and  its  inhabitants,"  which  said  ordinance  was  duly  approved 
on  the  20th  day  of  September,  A.  D.,  1898. 


300 


REVISED  ORDINANCES 


In  witness  whereof,  The  East  Ohio  Gas  Company,  by  resolution  of 
its  Board  of  Directors,  has  hereunto  caused  its  corporate  seal  to  be  af- 
fixed and  the  same  to  be  attested  by  its  President  and  Secretary  on  the 
22nd  day  of  September,- A.  D.,  1898., 

THE  EAST  OHIO  GAS  COMPANY, 
Attest :  By  E.  Strong,  President. 

[Seal]    H.  M.  Sweeney,  Secretary. 


AN  ORDINANCE 
Granting  certain  rights  to  The  American  Rapid  Telegraph  Company. 

Whereas.  The  American  Rapid  Telegraph  Company,  a  corporation 
of  the  State  of  New  York,  own  and  operates  a  telegraph  line  through  the 
City  of  Canton,  and  desires  for  the  purpose  of  locating  an  office  near  the 
center  of  said  city  and  carrying  on  its  business  and  affording  greater 
facilities  to  the  citizens  of  said  citv  for  telegraphic  communication,  to 
erect  a  line  of  poles  from  its  present  office  at  the  Connotton  Valley  Rail- 
way depot  and  across  the  streets  and  alleys  of  said  city  to  the  central 
portion  of  said  city.  Therefore, 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 
That  said  American  Rapid  Telegraph  Company,  for  the  purpose  afore- 
said, shall  have  the  right,  subject  to  the  restrictions  and  conditions  here- 
inafter set  forth,  to  erect  poles  along  Fifth  street  in  said  city  from  Saxton 
street  to  Court  street,  and  then  from  the  intersection  of  said  two  streets 
south  along  Court  street  to  the  building  at  the  southwest  corner  of  said 
Court  and  Tuscarawas  streets ;  and  it  shall  have  the  right  further  to  string 
its  wires  on  said  poles  and  maintain  and  operate  its  telegraphic  line  along 
said  route.  The  poles  to  be  erected  by  said  Company  shall  be  good,  large, 
substantial,  and  neat  telegraph  poles  of  cedar  or  some  other  suitable 
wood  and  they  shall  be  located  and  planted  in  the  earth  so  as  to  interfere 
in  the  least  possible  manner  with  the  general  public  use  of  said  streets 
and  their  appearance.    Said  poles  shall  also  be  painted. 

Sec.  2.  Said  Company  shall  exercise  said  rights  and  privileges  under 
the  direction  and  supervision  of  the  Standing  Committee  of  said  Council 
on  streets  and  alleys.    A  failure  of  said  Company,  or  its  successors,  to 


SPECIAL  ORDINANCES 


301 


prosecute  its  said  business  within  a  reasonable  time,  or  failure  to  comply 
with  the  requirements  hereof,  shall  operate  as  a  forfeiture  of  the  privileges 
hereby  granted. 

Sec.  3.  The  Council  reserves  the  right  to  said  city  to  place  upon 
said  poles  such  wires  as  may  be  necessary  for  the  purpose  of  operating 
a  fire  alarm  system. 

Sec.  4.  This  ordinance  (upon  said  Company  filing  its  written  ac- 
ceptance of  the  terms  thereof  with  the  City  Clerk)  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  legal  publication. 

Passed  March  19,  1883. 


AN  ORDINANCE 

To  grant  the  Western  Union  Telegraph  Company  the  right  to  maintain 
its  poles  and  lines  in  the  streets,  alleys  and  public  ways  of  the  City 
of  Canton,  State  of  Ohio,  on  the  terms  and  conditions  herein  stated. 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton, 
Ohio,  that  the  Western  Union  Telegraph  Company,  its  successors  and 
assigns  are  hereby  authorized  for  the  period  of  ten  years,  to>  erect  and 
maintain  on  Seventh  and  Piedmont  streets,  the  poles  and  fixtures  and 
wires  necessary  for  the  purpose  of  supplying  the  citizens  of  said  city  and 
to  the  public,  communication  by  telegraph  or  other  improved  electrical 
device,  such  use  to  be  and  continue  on  the  terms  and  conditions  herein- 
after stated. 

Sec.  2.  The  location  of  poles  and  lines  now  in  use  is  hereby  ap- 
proved ;  and  the  location  of  poles  and  lines  hereafter  to  be  erected  upon 
the  streets  above  mentioned,  or  upon  any  other  of  the  streets,  alleys  and 
public  ways  of  said  city,  and  any  change  in  location  of  the  poles  ancf 
lines  now  in  use,  or  extension  thereof  shall  be  with  the  consent  of  and 
subject  to  the  direction  and  control  of  the  Council  of  said  City. 

Sec.  3.  Said  poles  shall  be  good,  straight  and  substantial  and  shall 
be  of  the  kind  ordinarily  used  in  cities  for  telegraph  purposes.  They 
shall  be  securely  planted  in  the  earth,  shall  be  kept  neatly  painted,  and 
shall,  so  far  as  practicable,  be  placed  at  the  projection  of  property  lines 
and  beyond  the  curb  lines,  so  as  not  to  interfere  with  business  and  travel, 


302 


REVISED  ORDINANCES 


and  at  all  times  in  such  location  as  not  to  interfere  with  or  obstruct  any 
ditch,  sewer,  gutter  or  drain.  In  case  the  City  of  Canton  should  here- 
after, in  the  construction  of  sewers  or  catch-basins,  or  the  making  of  any 
improvement  whatever,  require  the  removal  of  any  pole  or  poles,  said 
company,  its  successors  and  assigns,  shall  upon  notice,  remove  the  same 
to  a  location  that  will  not  interfere  with  any  of  said  improvements,  and 
the  said  city  will  not  be  responsible  for  any  damage  or  delay  which  may 
be  caused  to  the  said  company,  its  successors  or  assigns,  by  the  neces- 
sary disturbance  of  any  of  its  poles  or  wires  in  the  construction  of  any 
improvement. 

Sec.  4.  Said  poles  and  wires  shall  be  placed  and  maintained  so  as 
not  to  interfere  with  travel  on  said  highways,  and  said  Company  shall 
hold  said  City  free  and  harmless  from  all  damage  arising  by  reason  of 
any  abuse  of  said  company.  This  grant  is  made,  and  is  to  be  enjoyed, 
subject  to  such  reasonable  regulations  and  ordinances  of  a  police  nature, 
as  said  Council  of  said  City  has  authorized  and  sees  proper,  at  any  time, 
to  adopt,  not  destructive  to  the  general  rights  herein  granted. 

Sec.  5.  The  right  of  use  herein  given  shall  not  be  exclusive  and  the 
Council  of  said  City  reserves  the  power  to  grant  a  like  right  of  way  to  any 
other  telegraph  company ;  the  same  however  not  to  interfere  with  the 
reasonable  and  proper  exercise  of  the  privileges  herein  granted. 

Sec.  6.  In  consideration  whereof,  said  Western  Union  Telegraph 
Company  shall,  and  by  the  acceptance  of  this  ordinance  does,  agree  to 
allow  the  Council  of  said  City  to  attach  at  any  time  to  the  top  cross-arm 
of  any  of  said  poles  where  practicable  the  municipal  fire  alarm  and  police 
wires,  and  to  use  said  poles  whenever  it  may  be  desired  for  the  purpose 
of  placing  thereon  fire  and  police  alarm  boxes,  and  said  poles  are  hereby 
made  a  municipal  instrumentality  for  that  purpose;  provided,  however, 
said  attachments  shall  be  so  made  as  not  to  interfere  with  said  Company's 
use  ;  and  the  attachment  of  said  fire  alarm  and  police  wires  shall  be  made 
and  maintained  under  the  direction  of  said  company's  manager  in  said 
City  of  Canton,  ( )hio. 

Sec.  7.  This  ordinance  shall  take  effect  on  and  after  its  passage  and 
legal  publication  and  the  filing  by  said  Western  I  nion  Telegraph  Com- 
pany of  an  unconditional  acceptance  thereof  in  the  office  of  the  City  Clerk 
of  said  Citv  of  Canton,  Ohio,  and  the  payment  by  said  company  of  the 
cost  of  publication  of  this  ordinance. 


SPECIAL  ORDINANCES 


303 


Sec.  8.  That  whenever  said  company  ceases  to  operate  a  telegraph 
line  in  said  City  of  Canton,  Ohio,  and  ceases  to  use  said  poles  and  lines 
herein  provided  for  in  the  operation  of  its  line  of  telegraph,  then  said 
company  shall,  if  requested  by  the  Council  so  to  do,  remove  said  lines 
and  poles  from  the  streets  and  alleys  of  said  city  within  sixty  days  from 
the  date  of  such  notice. 

Sec.  9.  All  ordinances,  and  parts  of  ordinances,  orders  and  resolu- 
tions upon  the  subject  of  telegraph  poles,  wires,  etc.,  of  previous  date,  in 
so  far  as  the  same  relate  to  the  Western  Union  Telegraph  Company,  are 
hereby  repealed  and  annulled. 

Passed  March  28th,  1892. 


AN  ORDINANCE 

An  ordinance  granting  a  franchise  along  certain  streets  of  the  City  of 
Canton,  Ohio,  to  The  Postal  Telegraph-Cable  Company. 

Section  1.  Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio. 
That  the  Postal  Telegraph-Cable  Company,  its  successors  and  assigns, 
be,  and  they  are  hereby  permitted  for  a  period  of  twenty-five  years  upon 
the  terms  and  conditions  herein  mentioned,  to  construct  and  maintain 
telegraph  wires  and  poles  upon  and  along  the  following  streets  of  said 
City  to-wit :  Entering  the  City  on  Cedar  street  at  Harrison  avenue,  east 
on  Cedar  street  to  South  Court  street,  thence  north  on  South  Court 
street  to  Reynolds  street,  thence  east  on  Reynolds  street  to  Piedmont 
street,  thence  north  on  piedmont  street  to  Tuscarawas  street,  thence  east 
on  the  north  side  of  Tuscarawas  street  to  Rex  street,  thence  north  on 
Rex  street  to  Hiram  street,  thence  upon  the  part  of  Rex  street  which  lies 
between  lots  Nos.  3690  and  3691  in  G.  W.  Lawrences'  addition  to  Canton, 
Ohio,  to  Lake  street,  east  on  lake  street  to  the  eastern  limits  of  said  city, 
also  upon  the  following  route  from  the  corner  of  Cedar  street  and  Harri- 
son avenue  to  Bridge  street,  thence  east  on  Bridge  street  to  the  Wrought 
Iron  Bridge  Works  in  said  city. 

Sec.  2.  The  said  poles  shall  be  good,  straight  and  substantial,  and 
shall  be  of  the  kind  ordinarily  used  in  cities  for  telegraph  purposes.  They 
shall  be  securely  planted  in  the  earth,  shall  be  first  neatly  painted  and  shall 


304 


REVISED  ORDINANCES 


be  so  far  as  practical  placed  at  the  projection  of  property  lines,  and  be- 
yond the  curb  lines  so  as  to  interfere  as  little  as  possible  with  business  and 
travel  and  at  all  times  in  such  locations  as  not  to  interfere  with  or  obstruct 
any  ditch,  sewer,  gutter  or  drain.  In  case  the  City  of  Canton  should 
hereafter  in  the  construction  of  sewers  or  catch  basins  or  the  making 
of  any  improvement  whatever,  require  the  removal  of  any  poles  or  pole 
said  Company,  its  successors  or  assigns,  shall  upon  notice  remove  the 
same  to  a  location  that  will  not  interfere  with  any  of  said  improvements- 
and  the  City  will  not  be  responsible  for  any  damage  or  delay  which  may 
be  caused  to  said  Company,  its  successors  or  assigns,  by  the  necessary  dis- 
turbance of  any  of  it  poles  or  wires  in  the  construction  of  any  improve- 
ments. 

Sec.  3.  The  City  of  Canton  reserves  to  itself  the  right  to  use  any  of 
the  poles  of  the  said  Company,  its  successors  or  assigns,  whenever  it  may 
be  desired  for  the  purpose  of  placing  threon  its  fire  alarm  or  police  tele- 
graph wires  or  fire  alarm  boxes. 

Sec.  4.  Should  the  City  at  any  time  during  the  existence  of  this 
franchise  require  the  Postal  Telegraph-Cable  Company,  its  successors  or 
assigns,  to  remove  the  poles  supporting  the  wires  and  to  place  the  cables 
in  conduits  in  the  district  bounded  on  the  north  by  North  street,  on  the 
south  by  South  street,  on  the  east  by  Cherry  street  and  on  the  west  by 
High  and  Cassily  streets,  that  the  said  Postal  Telegraph-Cable  Company, 
its  successors  or  assigns,  shall  comply  with  said  request  within  six  months, 
after  written  notice  being  served  upon  their  local  manager. 

Section  5.  If  the  said  company,  its  successors  or  assigns,  shall  violate 
or  fail  to  comply  with  any  of  the  provisions  of  this  ordinance,  then  it  shall 
become  by  reason  thereof  null  and  void. 

Sec.  6.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  legal  publication  and  its  written  acceptance  by  said  Com- 
pany and  the  payment  by  the  said  Company  of  the  cost  of  publication  of 
this  ordinance. 

Passed  August  14th,  1905.  Approved  by  W.  11.  Smith,  Mayor,  October 
1 1  th,  1905. 


C.  C.  U  )YD, 


Clerk  of  Council. 


GEO.  II.  LEGGETT, 

President  of  Council. 


SPECIAL  ORDINANCES 


305 


The  foregoing  ordinance  is  hereby  accepted  this  5th  day  of  October, 
1905.  Signed,  The  Postal  Telegraph  Cable  Company.  By  E.  W.  Col- 
lins.   Attest,  R.  S.  Ingle,  Secretary. 

I  hereby  certify  that  the  written  acceptance  by  the  Postal  Telegraph- 
Cable  Company  of  the  foregoing  ordinance  was  duly  filed  in  my  office 
this  10th  day  of  October,  1905.  C.  C.  LOYD, 

Clerk  Council. 


AN  ORDINANCE 

Granting  certain  rights  to  the  Midland  Telephone  Company,  and  repeal- 
ing an  ordinance  entitled  "An  Ordinance  granting  certain  rights  to 
the  Akron  Telephonic  Exchange,"  passed  March  8th,  1880. 

Whereas,  The  Midland  Telephone  Company,  organized  and  incor- 
porated under  the  laws  of  the  State  of  Illinois  as  said  Midland  Telephone 
Company,  and  doing  business  in  pursuance  of  said  incorporation,  and 

Whereas,  Said  Midland  Telephone  Company  contemplates  a  recon- 
struction and  establishment  of  a  Telephone  Exchange  in  the  City  of  Can- 
ion,  Ohio,  and 

Whereas,  Said  Midland  Telephone  Exchange  Company  has  pur- 
chased such  franchises  as  the  Akron  Telephonic  Exchange  Company  had 
within  the  limits  of  said  city,  and  said  Akron  Telephonic  Exchange  Com- 
p;ny  having  disbanded,  and  for  the  purpose  of  assisting  said  Midland 
Telephone  Company  in  the  reconstruction  of  the  Telephone  Exchange 
and  the  establishment  of  a  new  one,  therefore, 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Canton, 
That  said  Midland  Telephone  Exchange  Company  for  the  purpose  of  re- 
constructing the  Telephone  Exchange  now  in  use  in  said  city,  and  the 
establishing  of  a  new  system  in  said  Exchange  in  said  city,  shall  have  the 
right  subject  to  the  restrictions  hereinafter  named,  to  erect,  maintain  and 
use  along  and  upon  any  of  the  streets,  lanes,  alleys  and  public  grounds 
of  said  city  (except  Market  and  Tuscarawas  streets)  good,  neat,  and  sub- 
stantial telegraph  poles  or  posts  of  cedar  wood  or  of  other  suitable  ma- 
tcial,  which  poles  shall  be  securely  planted  in  the  earth  and  so  placed 
and  located  as  to  offer  the  least  possible  obstruction  to  business,  travel, 


306 


REVISED  ORDINANCES 


and  to  the  general  appearance  of  the  street,  lane,  alley  or  public  grounds 
upon  which  the  same  may  be  placed  for  the  purpose  of  supporting  the 
wires  for  said  exchange. 

Sec.  2.  Said  Midland  Telephone  Company  shall  exercise  the  privi- 
leges hereby  granted  under  the  direction  and  supervision  of  the  Standing 
Committee  upon  streets  and  alleys  of  the  City  Council  of  said  City  of 
Canton,  and  the  points  of  location  of  said  poles  shall  be  determined  by 
said  Committee.  A  failure  on  the  part  of  said  Midland  Telephone  Com- 
pany to  prosecute  its  business  to  completion  within  a  reasonable  time  after 
the  passage  of  this  ordinance  and  also  a  failure  to  comply  with  any  and 
all  requirements  of  this  ordinance  shall  work  a  forfeiture  of  the  rights 
hereby  granted. 

Sec.  3.  That  said  city  through  its  Council  reserves  the  right  to 
grant  similar  privileges  to  any  other  Telephone  Company  or  individuals 
whenever  requested  as  are  hereby  granted  to  said  Midland  Telephone 
Company,  the  same  to  interfere  in  the  least  possible  manner  with  the 
proper  and  successful  use  of  the  rights  hereby  granted  to  the  said  Mid- 
land Telephone  Company.  Said  city  further  reserves  the  right  to  amend 
this  ordinance  at  any  time  for  the  purpose  of  further  regulating  the 
rights  granted  herein  to  said  Midland  Telephone  Company. 

Sec.  4.  That  the  rights  hereby  granted  to  said  Midland  Telephone 
Company  are  upon  the  express  condition  that  said  city  have  the  right  ro 
use  any  and  all  poles  belonging  to  or  used  by  said  Midland  Telephone 
Company  in  said  city  for  the  necessary  wires  for  the  purpose  of  operating 
and  using  a  system  of  fire-alarm  telegraph. 

Sec.  5.  That  this  ordinance  (upon  said  Midland  Telephone  Company 
filing  a  written  acceptance  of  the  terms  of  this  ordinance  with  the  Clerk 
of  the  Council)  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  legal  publication  and  that  an  ordinance  passed  March  8,  1880,  enti- 
tled "An  ordinance  granting  certain  rights  to  the  Akron  Telephonic  Ex- 
change" be  and  the  same  is  hereby  repealed. 

Passed  October  2nd,  1882. 


SPECIAL  ORDINANCES 


307 


AN  ORDINANCE 

Agreeing  with  the  Central  Union  Telephone  Company,  its  successors 
and  assigns,  as  to  the  mode  of  use  of  the  highways,  streets,  lanes, 
alleys,  and  public  places  of  the  City  of  Canton,  Ohio,  by  said  Com- 
pany's telephone  lines,  and  to  provide  telephone  service  for  the  vari- 
ous departments  of  the  city. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Canton,  Ohio,  as 
follows : 

Section  I.  That  the  mode  of  use  of  the  highways,  streets,  lanes, 
alleys  and  public  places  of  said  city  by  the  lines  of  the  Central  Union 
Telephone  Company,  its  successors  and  assigns,  is  agreed  upon  and  shall 
be  as  follows : 

Sec.  2.  The  location  of  the  poles,  lines  and  fixtures  of  said  Com- 
pany as  now  made  for  communication  by  telephone  or  other  electric 
signals  is  hereby  approved  and  any  change  therein  or  extension  thereof 
shall  be  made  as  hereafter  provided ;  but  the  location  and  occupancy  of 
any  such  line  or  lines  or  the  location  of  any  such  pole  or  poles,  or  any 
support  thereof,  shall,  from  time  to  time,  be  changed  by  said  company, 
its  successors  and  assigns,  to  such  other  location  on  the  same  street, 
alley  or  public  place  as  may  be  directed  by  the  City  Council  whenever 
the  best  interests  of  the  city  or  public  may  demand.  Said  company,  its 
successors  or  assigns,  shall  place  the  ground  and  pavement  in  as  good 
order  after  any  such  removal  or  the  re-location  of  any  line  or  pole  as  the 
same  was  at  the  time  of  making  such  change. 

Sec.  3.  Before  any  pole  or  telephone  line  changing  or  extending 
the  present  plant  of  said  company  in  the  City  of  Canton,  shall  be  erected, 
the  said  Telephone  Company  shall  secure  a  permit  from  the  City  Civil 
Engineer  therefor  and  shall  restore  all  pavements  disturbed  by  the  erec- 
tion of  such  line  or  pole  to  the  same  condition  that  they  were  before  the 
erection  was  made. 

Sec.  4.  All  poles  and  fixtures  now  or  hereafter  erected  by  said  com- 
pany within  the  corporate  limits  of  the  City  of  Canton  shall  forthwith 
be  painted  by  said  company  from  top  to  bottom  and  shall  be  repainted 
at  least  once  in  every  three  years  thereafter ;  not  more  than  ten  cross 


308 


REVISED  ORDINANCES 


arms  shall  be  placed  on  any  one  pole,  and  none  of  the  poles  or  wires  of 
said  company  shall  be  used  by  any  other  company  without  first  obtaining 
the  consent  of  the  City  of  Canton  and  The  Central  Union  Telephone 
Company  for  such  use. 

Sec.  5.  All  dead  poles  of  said  company  and  any  not  in  actual  use 
shall,  upon  demand  of  the  City,  be  removed  by  said  company  within 
sixty  (60)  days,  and  upon  failure  of  said  company  to  comply  with  such 
demand,  as  herein  specified,  the  same  may  be  removed  by  said, City  at 
the  expense  of  said  company. 

Sec.  6.  The  rights  of  said  company  under  this  agreement  are  held 
subject  to  all  the  laws  of  the  State  of  Ohio,  and  all  the  police  ordinances 
of  said  City  relating  thereto  which  are  now  in  force  or  that  may  here- 
after be  adopted,  not  destructive  of  the  rights  herein  granted. 

Sec.  7.  All  poles  which  are  to  be  used  and  erected  by  said  com- 
pany under  the  provisions  of  this  ordinance  shall  be  straight  and  neatly 
painted  and  at  points  where  there  is  unusual  strain  shall  be  stayed  in  a 
workmanlike  manner;  they  shall  be  located  and  erected  under  the  super- 
vision of  the  City  Civil  Engineer,  and  where  practicable,  shall  be  placed 
upon  the  projecting  line  between  lots.  The  wires  shall,  in  no  case  ap- 
proach nearer  than  thirty  feet  of  the  surface  of  any  street,  lane,  alley,  or 
public  place  or  private  driveway  over  or  along  which  said  line,  may  pass. 

Sec.  8.  It  is  agreed  that  said  company  shall  construct  and  maintain 
under-ground  wires  and  pipes,  conduits  and  other  fixtures  for  containing, 
protecting  and  operating  such  wires  in  the  streets  avenues,  alleys  and 
public  places  of  said  city;  provided  that  all  such  streets,  avenues,  alleys 
and  public  places  shall  be  immediately  restored  to  their  former  condition 
to  the  acceptance  and  approval  of  the  City  Civil  Engineer;  and  all  such 
under-ground  wires  and  pipes,  conduits  and  other  fixtures  shall  be  so 
placed  and  located  as  not  to  interfere  with  any  of  the  water  or  sewer 
pipes  of  said  city ;  and  provided  further,  that  no  such  conduit  or  under- 
ground work  shall  be  begun  until  said  company  shall  have  first  made  and 
hied  with  the  City  Civil  Engineer  a  map  or  plat  giving  the  location,  plan 
and  specification  of  the  same  and  such  location  and  plan  and  specification 
shall  have  been  approved  by  the  said  City  Civil  Engineer. 

Set'.  9.  That  within  ninety  days  after  the  passage  of  this  ordinance 
the  said  Central  Union  Telephone  Company  shall  file  in  the  office  of  said 


SPECIAL  ORDINANCES 


309 


City  Civil  Engineer  of  said  City  of  Canton,  a  map  or  plat  showing  the 
under-ground  conduits  to  be  built  by  said  Company,  and  within  ninety 
(90)  days  from  the  date  of  the  approval  of  said  map  and  plat  by  said  City 
Civil  Engineer;  said  company  shall  commence  the  construction  of  said 
conduits,  and  shall  wholly  complete  the  same  within  eighteen  (18)  months 
thereafter ;  provided,  however,  that  before  said  Central  Union  Telephone 
Company  shall  do  any  of  the  work  provided  for  in  the  section,  it  shall  file 
with  the  City  Clerk  of  the  City  of  Canton,  a  bond  in  the  penal  sum  of 
Ten  Thousand  ($10,000)  dollars,  in  favor  of  the  said  City  of  Canton,  with 
sufficient  surety  or  sureties  to  be  approved  by  the  Council  of  said  City, 
and  conditioned  that  said  Central  Union  Telephone  Company  shall  pay 
to  the  said  City  of  Canton  all  damages,  charges,  judgments  and  expenses 
that  may  accrue  to  said  city  by  reason  of  the  failure  of  said  Telephone 
Company  to  properly  replace  any  pavement  disturbed  by  it  in  the  course 
of  said  work,  and  said  bond  shall  be  in  full  force  and  effect  for  the  full 
term  of  two  years  from  and  after  the  signing  and  delivery  thereof. 

Sec.  10.    That  after  the  construction  of  the  conduits  provided  for 
by  the  last  preceding  section  of  this  ordinance,  no  pole  shall  be  erected 
or  maintained  upon  the  following  streets,  and  all  poles  now  standing 
thereon  shall  be  removed  by  said  company,  namely : 
On  McKinley  Avenue  from  Third  Street  to  Tenth  Street. 
On  Cleveland  Avenue  from  Third  Street  to  Tenth  Street. 
On  Market  Street  from  Third  Street  to  Tenth  Street. 
On  Walnut  Street  from  Third  Street  to  Tenth  Street. 
On  Cherry  Street  from  Third  Street  to  Tenth  Street. 

On  Third,  Fourth,  Fifth,  Tuscarawas,  Seventh,  Eighth,  Ninth,  and  Tenth 
Streets  from  McKinley  Avenue  to  Cherry  Street. 

And  thereafter  not  more  than  one  cable  shall  cross  any  of  the  said 
above  named  streets  at  any  one  point. 

Sec.  11.  That  the  City  of  Canton,  Ohio,  shall  not  be  held  liable  to 
said  company,  its  successors  or  assigns,  for  any  damage  that  said  com- 
pany, its  successors  or  assigns,  may  incur  by  the  breaking  of  any  sewer 
or  water  pipe,  or  for  any  delay  that  may  be  caused  by  the  laying  of 
sewers  or  by  the  laying  of  any  water  pipes,  or  by  any  other  work  or  im- 
provement made  by  said  city  and  the  necessary  repairing  of  the  same. 

Sec.  12.    Said  Telephone  Company,  its  successors  and  assigns,  shall, 


310 


REVISED  ORDINANCES 


at  all  times  hereafter,  defend,  keep  harmless  and  indemnify  the  said  City 
of  Canton  for  any  and  all  damages  and  lawful  claims  and  demands  for 
injuries  to  person  or  property  and  all  costs  and  expenses  to  which  said 
city  may  be  subjected  or  made  liable  by  any  proceeding  at  law  or  in 
equity  or  otherwise  growing  out  of  the  construction  and  maintenance  of 
said  wires,  conduits  or  fixtures ;  provided,  that  in  case  of  any  litigation 
arising  as  aforesaid  the  said  City:  of  Canton  shall  be  required  tt>  give  the 
said  Central  Union  Telephone  Company,  its  successors  or  assigns, 
written  notice  of  the  same. 

Sec.  13.  In  consideration  whereof  and  forthwith,  as  long  as  said 
Central  Union  Telephone  Company,  its  successors  and  assigns,  shall  en- 
joy and  exercise  the  rights  specified  and  agreed  to  herein,  the  said  City 
of  Canton  shall  be  permitted  to  place  and  maintain  on  the  top  cross  arm 
of  all  aerial  poles  and  fixtures  and  in  one  duct  of  the  under-ground  con- 
duits of  said  company  within  said  city,  which  cross  arms  and  ducts  shall 
be  placed  and  maintained  by  said  company,  the  police  and  fire  alarm 
wires  of  said  city  without  charge;  provided  the  same  shall  be  so  placed 
and  maintained  as  not  to  interfere  with  the  proper  use  of  the  wires  of  said 
company,  and  the  same  to  be  so  placed  and  maintained  under  the  direc- 
tion of  said  company's  local  manager  in  said  city.  And  further,  said 
company  agrees  to  furnish,  free  of  charge,  to  said  city,  for  the  city's  use  and 
business,  with  said  company's  local  telephone  exchange  service,  one  set  of 
instruments  at  the  Mayor's  office,  one  at  the  office  of  the  City  Clerk,  one 
at  the  office  of  the  City  Civil  Engineer,  one  at  the  Sewer  Disposal  Works, 
one  at  the  headquarters  of  the  Police  Department,  one  at  the  residence 
of  the  President  of  the  Council,  one  at  the  residence  of  the  Street  Com- 
missioner, one  at  the  office  of  the  City  Solicitor,  one  at  the  residence  of 
the  Chief  of  the  Fire  Department,  one  at  the  residence  of  the  City  Clerk, 
one  at  each  engine  and  hose  house  now  or  hereafter  maintained  by  said 
city  and  manned  with  full  paid  members  of  the  Fire  Department.  Said 
Telephone  Company  further  agrees  to  furnish  said  Citv  of  Canton  such 
additional  telephones,  with  local  telephone  exchange  service,  for  the 
city's  use  solely,  as  said  city  may  from  time  to  time  call  for  by  resolution 
of  the  City  Council,  at  twenty-five  (25)  per  cent  from  the  regular  rates 
from  lime  to  time  charged  by  said  Telephone  Company  for  business  pur- 
poses, provided  that  for  each  of  said  telephones  separate  contracts,  con- 


SPECIAL  ORDINANCES 


311 


taining  the  customary  provisions,  shall  be  signed  in  advance,  having 
endorsed  thereon  the  concessions  as  to  the  price  herein  agreed  to. 

Sec.  14.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  and  the  filing  of  an  unconditional 
acceptance  thereof  by  said  Central  Union  Telephone  Company  in  the 
office  of  the  City  Clerk,  but  the  acceptance  herein  provided  for  must  be 
filed  within  thirty  (30)  days  after  the  passage  hereof. 

Passed  March  6,  1899. 


Chicago,  March  7th,  1899. 
To  the  Honorable  President  and  City  Council  of  the  City  of  Canton, 

Stark  County,  Ohio  : 
Gentlemen — 

The  Central  Union  Telephone  Company  hereby  accepts  the  ordi- 
nance passed  by  you  March  6th,  1899,  agreeing  with  said  company,  its 
successors  and  assigns,  as  to  the  mode  of  use  of  the  highways,  streets, 
lanes,  alleys  and  public  places  of  the  City  of  Canton  by  its  telephone  lines, 
and  providing  for  telephone  service  for  the  various  departments  of  the 
city,  and  herewith  files  this,  its  unconditional  acceptance  thereof,  in  the 
office  of  the  City  Clerk. 

Respectfully, 

CENTRAL  UNION  TELEPHONE  COMPANY, 
Attest:  By  W.  A.  Jackson,  President. 

[Seal]    W.  S.  Chapman,  Secretary. 


AN  ORDINANCE 

Granting  to  the  Carroll  County  Telephone  Company  the  right  to  establish 
and  operate  a  telephone  toll  line  in  and  through  the  City  of  Canton, 
Ohio,  and  to  erect  and  maintain  poles  and  wires  along  and  upon 
the  streets  and  alleys  of  said  city. 

Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  follows : 
Section  1.    That  pertnission  be  and  is  hereby  granted  to  The  Carroll 
County  Telephone  Company,  its  successors  and  assigns  to  construct. 


312 


REVISED  ORDINANCES 


establish  and  operate  a  telephone  toll  line  in  and  through  the  City  of 
Canton,  and  to  erect,  maintain  and  use  along  and  upon  only  such  streets, 
lanes,  alleys  and  public  grounds  of  said  city  as  the  City  Council  shall  by 
resolution  designate  except  Market  and  Tuscarawas  Streets,  good,  neat 
and  substantial  poles  of  material  as  hereinafter  directed,  which  poles  shall 
be  securely  planted  in  the  earth  and  so  placed  and  located  as  to  offer  the 
least  possible  obstruction  to  business,  travel,  and  the  general  appearance 
of  the  street,  lane,  alley  or  public  grounds  upon  which  the  same  may  be 
placed  for  the  purpose  of  supporting  the  wires  of  said  Company's  line. 

Sec.  2.  Said  The  Carroll  County  Telephone  Company  shall  exercise 
the  privileges  hereby  granted  under  the  direction  and  supervision  of  the 
standing  committee  on  streets  and  alleys  of  the  City  Council  of  said  city 
and  the  points  of  location  of  said  poles  shall  be  determined  by  said  com- 
mittee, said  poles  shall  be  not  less  than  thirty  feet  in  length  and  made 
of  wood.  In  the  erection  of  said  poles,  said  company  shall,  so  far  as  prac- 
ticable, confine  itself  to  the  use  of  the  lanes  and  alleys  of  said  city. 

Sec.  3.  Should  the  City  Council  at  any  time  hereafter  deem  it  neces- 
sary and  proper  that  the  wires  of  said  company  or  any  of  them  should 
be  placed  in  and  conducted  over  and  along  said  streets,  lanes,  alleys  and 
public  grounds  in  cables,  said  The  Carroll  County  Telephone  Company, 
its  successors  and  assigns,  shall  comply  with  the  orders  and  directions  of 
the  City  Council  in  respect  thereto. 

Sec.  4.  The  said  The  Carroll  County  Telephone  Company  shall  so 
place  and  maintain  its  said  poles  and  wires  as  not  to  interfere  in  any 
manner  with  the  wires  and  appliances  of  the  city's  fire  alarm  system  and 
police  patrol  system  or  any  other  wires  that  now  or  may  hereafter  be 
owned  or  controlled  by  the  said  City  of  Canton. 

Sec.  5.  That  said  Council  reserves  the  right  to  grant  similar  privi- 
leges to  any  other  telephone  companv  or  individuals  whenever  requested, 
as  are  hereby  granted  to  said  The  Carroll  County  Telephone  Companv. 
The  same  to  interfere  in  the  least  possible  manner  with  the  proper  and 
successful  use  of  the  rights  hereby  granted  to  the  said  The  Carroll  Coun- 
ty Telephone  Company.  Said  Council  also  reserves  the  right  to  grant 
the  use  of  said  poles  jointly  with  the  said  The  Carroll  County  Telephone 
Company  to  any  other  company  or  companies  except  for  electric  light 
purposes,  desiring  to  use  the  same  for  the  purpose  of  supporting  telephone 


SPECIAL  ORDINANCES 


313 


or  other  wires  upon  payment  by  such  other  company  to  said  The  Carroll 
County  Telephone  Company,  its  successors  or  assigns,  on  such  terms  and 
compensation  as  may  be  mutually  agreed  upon  between  said  companies 
and  in  case  said  companies  should  fail  to  agree  upon  said  terms  or  com- 
pensation, then  the  amount  of  such  compensation  and  terms  shall  be 
fixed  and  determined  by  the  City  Council. 

Sec.  6.  The  rights  hereby  granted  to  the  said  The  Carroll  County 
Telephone  Company  are  upon  the  express  condition  that  the  said  city 
have  the  right  to  use  any  and  all  poles  belonging  to  or  used  by  said  The 
Carroll  County  Telephone  Company,  its  successors  or  assigns  in  said 
city  for  the  necessary  wires  for  the  purpose  of  operating  and  using  a  sys- 
tem of  fire  alarm  telegraph  and  police  patrol  system  and  such  wires  as 
said  city  may  hereafter  own  or  control.. 

Sec.  7.  Said  The  Carroll  County  Telephone  Company  shall  have  a 
line  built  and  in  operation  connecting  the  City  of  Canton  with  the  City 
of  Carrollton,  in  Carroll  County,  Ohio,  within  ninety  days  from  the 
passage  of  this  ordinance. 

Sec.  8.  The  rights,  privileges  and  franchise  hereby  granted  to  said 
The  Carroll  County  Telephone  Company,  shall  not  be  transferred  or  as- 
signed except  by  consent  of  the  City  Council  granted  by  formal  resolu- 
tion. 

Sec.  9.  Should  the  said  The  Carroll  County  Telephone  Company, 
its  successors  or  assigns  at  any  time  fail,  neglect  or  refuse  to  comply  with 
any  of  the  conditions  or  requirements  of  this  ordinance,  then  the  rights 
and  privileges  hereby  granted  to  them  shall  be  forfeited  and  at  an  end. 

Sec.  10.  This  ordinance  (upon  the  said  The  Carroll  County  Tele- 
phone Company,  filing  with  the  City  Clerk  a  written  acceptance  of  and 
agreement  to  comply  with  all  terms  and  conditions  of  this  ordinance) 
shall  take  effect  and  be  in  force  from  and  after  its  passage  and  legal 
publication. 

Passed  March  21,  1898. 


314 


REVISED  ORDINANCES 


AN  ORDINANCE 

Agreeing  with  The  Stark  County  Telephone  Company,  its  successors 
and  assigns,  as  to  the  mode  of  use  of  the  highways,  lanes  and  alleys 
and  public  places  of  the  City  of  Canton,  Ohio,  by  said  Company's 
Telephone  lines,  and  to  provide  telephone  service  for  the  various 
departments  of  the  city. 

Be  it  ordained  by  the  Council  of  the  City  of  Canton,  Ohio,  as  follows : 

Section  I.  That  the  mode  of  use  of  the  highways,  streets,  lanes, 
alleys  and  public  places  of  said  city,  by  the  lines  of  the  Stark  County 
Telephone  Company,  its  successors  and  assigns,  is  agreed  upon  and  shall 
be  as  follows: 

Sec.  2.  Subject  to  the  limitations  and  restrictions  hereinafter  con- 
tained, said  Telephone  Company  shall  have  the  right  tO'  plant  its  poles 
and  string  its  wires  along  the  streets,  lanes,  alleys  and  public  places  of 
said  city,  but  said  poles  shall  be  located  at  such  places,  and  the  wires 
strung  in  such  manner  as  to  offer  the  least  possible  obstruction  to*  private 
property,  and  is  in  no  way  to  obstruct  or  interfere  with  the  usual  and 
ordinary  use  of  such  streets,  alleys  or  public  places,  but  the  loctaion  and 
occupancy  of  such  line  or  lines,  or  the  location  of  any  such  pole  or  poles, 
or  any  support  thereof,  shall,  from  time  to  time,  be  changed  by  said  com- 
pany, its  successors  and  assigns,  to  such  other  location  on  the  same  street, 
alley  or  public  place,  as  may  be  directed  by  the  City  Council.  Said  com- 
pany, its  successors  and  assigns,  shall  place  the  ground  and  pavement  in 
as  good  order  after  such  removal  or  the  relocation  of  any  line  or  pole  as 
the  same  was  at  the  time  of  making  such  change. 

Sec.  3.  Before  any  pole  or  telephone  line  shall  be  erected  on  any 
street,  alley  or  public  places  of  said  city,  the  said  Telephone  Company 
shall  submit  to  the  City  Civil  Engineer,  a  plan  of  the  same,  showing  as 
near  as  practicable  the  exact  location  of  the  poles  and  other  appliances 
and  shall  secure  from  the  City  Civil  Engineer  a  permit  therefor,  and  shall 
restore  all  pavements  and  ground  disturbed  by  the  erection  of  said  line  or 
pole  to  the  same  condition  that  they  were  before  the  erection  was  made; 
but  no  poles  shall  be  erected  on  Market  Street,  between  North  Street  and 
South  Street,  or  on  Tnsearavvas  St  reel  between  Xewtmi  and  Cherry  Streets, 


SPECIAL  ORDINANCES 


315 


and  so  far  as  practicable  said  Telephone  Company  shall  confine  itself  to 
the  use  of  the  alleys  of  said  city. 

Sec.  4.  All  poles  and  fixtures  now  or  hereafter  erected  by  said  Com- 
pany within  the  corporate  limits  of  the  City  of  Canton,  Ohio,  shall  forth- 
with be  painted  by  said  Company  from  top  to  bottom  and  shall  be  re- 
painted at  least  once  in  every  three  years  thereafter ;  not  more  than  ten 
cross  arms  shall  be  placed  on  any  one  pole,  and  none  of  the  poles  or 
wires  of  said  Company  shall  be  used  by  any  other  Company  without 
first  obtaining  the  consent  of  the  City  of  Canton  and  The  Stark  County 
Telephone  Company  for  such  use. 

Sec.  5.  All  dead  poles  of  said  company  and  not  in  actual  use  shall 
upon  demand  of  the  city,  be  removed  by  said  company  within  thirty  days 
and  upon  failure  of  said  company  to  comply  with  such  demand,  as  herein 
specified,  the  same  may  be  removed  by  said  city  at  the  expense  of  said 
company. 

Sec.  6.  The  rights  of  said  company,  under  this  agreement,  are  held 
subject  to  all  the  laws  of  the  State  of  Ohio,  and  all  the  police  ordinances 
of  said  city,  relating  thereto,  which  are  now  in  force  or  that  may  be  here- 
after adopted,  not  destructive  of  the  rights  herein  granted. 

Sec.  7.  All  poles  which  are  to  be  used  and  erected  by  said  com- 
pany under  the  provisions  of  this  ordinance  shall  be  straight  and  neatly 
painted  and  at  points  where  there  is  unusual  strain  shall  be  stayed  in  a 
safe,  secure  and  workmanlike  manner ;  they  shall  be  located  and  erected 
under  the  supervision  of  the  City  Civil  Engineer,  and,  when  practicable, 
shall  be  placed  upon  the  projecting  line  between  lots.  The  wires  shall  in 
no  case  approach  nearer  than  thirty  feet  of  the  surface  of  any  street,  lane, 
alley  or  public  place  or  private  driveway  over  or  along  which  said  line 
may  pass. 

Sec.  8.  It  is  agreed  that  said  company  shall  construct  and  maintain 
underground  wires  and  pipes,  conduits  and  other  fixtures  for  containing, 
protecting  and  operating  said  wires  in  the  streets,  avenues,  alleys  and 
public  places  of  said  city  within  the  following  boundaries,  to-wit :  On 
the  north  by  the  north  line  of  Third  Street ;  on  the  east  by  the  east  line 
of  Cherry  Street;  on  the  south  by  the  south  line  of  Tenth  Street;  on  the 
west  by  the  west  line  of  McKinley  Avenue  ;  and  that  within  said  boun- 
daries no  poles  shall  be  erected  or  maintained,  except  such  poles  as  may 


316 


REVISED  ORDINANCES 


be  required  for  the  purpose  of  distributing  wires  from  said  subways  to 
subscribers,  stations,  and  all  such  poles  shall,  so  far  as  possible,  be  lo- 
cated in  alleys.  Provided  that  all  such  streets,  alleys,  avenues  and  public 
places  shall  be  immediately  restored  to  their  former  condition,  and  that 
the  work  so  to  be  done  is  to  be  done  under  the  supervision  and  direction 
of  an  inspector  to  be  appointed  by  the  City  Council,  and  to  be  paid  by 
said  company,  and  said  work  to  be  done  to  the  acceptance  and  approval 
of  the  City  Civil  Engineer,  and  all  such  under-ground  wires  and  pipes, 
conduits  and  other  fixtures,  shall  be  so  placed  and  located  so  as  not  to 
interfere  with  any  of  the  water  or  sewer  pipes  of  said  city,  and  provided 
further,  that  no  such  conduit  or  under-ground  work  shall  be  begun  until 
said  company  shall  have  first  made  and  filed  with  the  City  Civil  Engineer 
a  map  or  plat  giving  the  location,  plan  and  specification  of  the  same,  and 
such  location,  plan  and  specification  shall  have  been  approved  by  the 
City  Civil  Engineer. 

Sec.  9.  That  within  ninety  days  after  the  passage  of  this  ordinance 
the  said  Stark  County  Telephone  Company  shall  file  in  the  office  of  said 
City  Civil  Engineer  of  said  city  a  map  or  plat  showing  the  under-ground 
conduits  to  be  built  by  said  company,  and  within  ninety  days  after  the 
approval  of  said  map  or  plat  by  said  City  Civil  Engineer  said  company 
shall  commence  the  construction  of  said  conduits,  and  shall  wholly  com- 
plete the  same  within  twelve  months  thereafter ;  provided,  however,  that 
no  paved  streets  shall  be  disturbed  and  no  under-ground  work  shall  be 
prosecuted  on  any  of  the  paved  streets  of  the  said  city  within  the  15th 
day  of  December  and  the  15th  day  of  March  of  any  year.  Provided  fur- 
ther, that  before  said  Stark  County  Telephone  Company  shall  do  any  of 
the  work  provided  for  in  this  or  the  preceding  section  it  shall  file  with  the 
City  Clerk  of  the  City  of  Canton,  Ohio,  a  bond  with  some  surety  com- 
pany as  surety  in  the  penal  sum  of  Ten  Thousand  ($10,000)  dollars  in 
favor  of  said  City  of  Canton  conditioned  that  the  said  Stark  County  Tele- 
phone Company  shall  pay  to  said  City  of  Canton  all  injuries,  damages, 
charges,  judgments  and  expenses  that  may  accrue  to  said  City  by  reason 
of  the  failure  of  said  Telephone  Company  to  properly  replace  any  pave- 
ment and  streets  disturbed  by  it  in  the  course  of  said  work,  and  condi- 
tioned to  save  said  City  harmless  from  any  and  all  damages  for  which  it 
might  be  held  liable  for  any  injury  to  person  or  property  by  reason  of  the 


SPECIAL  ORDINANCES 


317 


use,  occupancy  or  obstruction  of  said  streets,  alleys  or  public  places  by 
said  Telephone  Company,  and  said  bond  shall  be  in  full  force  and  effect 
for  the  full  term  of  five  years  from  and  after  the  signing  and  delivery 
thereof. 

Sec.  10.  The  City  of  Canton,  Ohio,  shall  not  be  held  liable  to  said 
company,  its  successors  and  assigns,  for  any  damage  that  said  company, 
its  successors  and  assigns,  may  incur  at  any  time  by  the  breaking  of  any 
water  or  sewer  pipe  or  for  the  delay  that  may  be  caused  by  the  laying  of 
any  sewers  or  by  the  laying  of  any  water  pipes,  or  by  any  other  work  or 
improvement  made  by  said  city  and  the  necessary  repairing  of  same. 

Sec.  ii.  Said  Telephone  Company,  its  successors  and  assigns,  shall 
at  all  times  hereafter  defend,  keep  harmless  and  indemnify  the  said  City 
of  Canton  from  any  and  all  damages  and  claims  and  demands  for  injuries 
to  persons  or  property,  and  all  costs  and  expense  to  which  said  city  may 
be  subjected  or  made  liable  by  any  proceeding  at  law  or  in  equity,  or 
otherwise  growing  out  of  the  construction  and  maintenance  of  said  wires, 
conduits  and  fixtures,  provided,  that  in  case  of  any  litigation  arising  as 
aforesaid,  the  said  City  of  Canton  shall  be  required  to  give  the  said  The 
Stark  County  Telephone  Company,  its  successors  and  assigns,  written 
notice  of  the  same. 

Sec.  12.  In  consideration  whereof  and  forthwith,  as  long  as  the  said 
The  Stark  County  Telephone  Company,  its  successors  and  assigns,  shall 
enjoy  and  exercise  the  rights  specified  and  agreed  to  herein,  the  said  City 
of  Canton  shall  be  permitted  to  place  and  maintain  on  the  top  crossarm 
of  all  aerial  poles  and  fixtures,  and  in  one  duct  of  the  under-ground  con- 
duits of  said  company  within  said  city,  which  crossarm  and  duct  shall  be 
placed  and  maintained  by  said  company,  the  police  and  fire  alarm  wires 
of  said  city  without  charge ;  provided  the  same  shall  be  so  placed  and 
maintained  as  not  to  interfere  with  the  proper  use  of  the  wires  of  said 
company,  and  the  same  to  be  so  placed  and  maintained  under  the  direc- 
tion of  said  company's  local  manager  in  said  city.  And  further,  said  com- 
pany agrees  to  furnish,  free  of  charge,  to  said  city,  for  the  city's  use  and 
business,  the  said  company's  local  telephone  exchange  service,  one  sei 
of  instruments  at  the  office  of  the  Mayor,  one  at  the  office  of  the  City 
Clerk,  one  at  the  office  of  the  City  Civil  Engineer,  one  at  the  Water 
Works  office,  one  at  the  Water  Works  pumping  station,  one  at  the  resi- 


318 


REVISED  ORDINANCES 


dence  of  the  Water  Works  Superintendent,  one  at  the  High  School  build- 
ing, one  at  the  Sewer  Disposal  Works,  one  at  the  headquarters  of  the 
Police  Department,  one  at  the  residence  of  the  President  of  the  Council, 
one  at  the  residence  of  the  Street  Commissioner,  one  at  the  office  of  the 
City  Solicitor,  one  at  the  residence  of  the  Chief  of  the  Fire  Department, 
one  at  the  residence  of  the  City  Clerk,  one  at  the  residence  of  the  assist- 
ant Fire  Chief,  one  at  each  engine  and  hose  house  now  or  hereafter  to  be 
maintained  by  said  city,  and  manned  with  full  paid  members  of  the  fire 
department. 

Said  telephone  company  further  agrees  to  furnish  said  City  of  Canton 
such  additional  telephones  with  local  telephone  exchange  service,  for  the 
city's  use  solely,  as  said  city  may  from  time  to  time  call  for  by  resolution  of 
the  City,  at  twenty-five  per  cent  discount  from  the  regular  rates  from  time 
to  time  charged  by  said  Telephone  Company  for  business  purposes,  pro- 
viding that  for  each  said  telephones  separate  contracts  containing  the  cus- 
tomary provisions  shall  be  signed  in  advance,  having  endorsed  thereon  the 
concessions  as  to  the  price  agreed  to. 

Sec.  13.  That  The  Stark  County  Telephone  Company,  their  succes- 
sors and  assigns,  be  and  they  are  hereby  limited  in  the  price  to  be  charged 
for  exchange  service  within  the  corporate  limits  now  or  hereafter  men- 
tioned by  the  City  of  Canton,  Ohio,  under  the  powers  herein  granted  as 
follows,  to-wit:  The  charge  for  long  distance  telephone  instruments  con- 
nected with  full  copper  metallic  lines  when  placed  in  a  residence  shall  not 
exceed  twenty-four  ($24)  dollars  per  annum,  payable  monthly  in  advance, 
except  the  three  first  months  which  may  be  collected  for  three  months  in 
advance,  and  the  charge  for  a  like  equipment  when  placed  in  a  business 
house  shall  not  exceed  thirty-six  ($36)  dollars  per  annum  payable  monthly 
in  advance,  except  that  said  company  may  require  the  first  payment  to  be 
made  three  months  in  advance,  and  that  the  charge  for  telephone  instru- 
ments of  any  kind  or  equipment  shall  not  exceed  the  prices  herein  stated. 

Sec.  14.  Said  The  Stark  County  Telephone  Company  shall  have  in 
operation  within  eighteen  months  after  the  passage  of  this  ordinance  a 
telephone  exchange  in  the  City  of  Canton,  with  not  less  than  one  hun- 
dred (100)  paid  subscribers  with  telephone  instruments  actually  in  use, 
and  any  failure  on  the  part  of  the  said  Telephone  Company  to  comply 
with  this  condition  shall  work  a  forfeiture  of  the  rights  herein  contained, 


SPECIAL  ORDINANCES 


319 


provided  however  that  if  delayed  in  the  progress  of  said  work  by  legal 
proceedings  or  other  unavoidable  causes  without  the  fault  of  the  said  The 
Stark  County  Telephone  Company,  then  the  limitation  as  to  time  herein- 
before contained  shall  be  extended  for  such  period  as  the  said  Telephone 
Company  may  be  delayed. 

Sec.  15.  This  ordinance,  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication,  and  the  filing  of  an  unconditional 
acceptance  thereof  by  the  said  Stark  County  Telephone  Company,  in  the 
office  of  the  City  Clerk,  and  the  payment  of  the  costs  of  the  publishing  of 
this  ordinance  as  by  law  required,  but  the  acceptance  herein  provided  for 
must  be  filed  within  thirty  days  after  the  passage  of  this  ordinance. 

Passed  November  26,  1900. 


Canton,  Ohio,  December  17,  1900. 
The  Stark  County  Telephone  Company  hereby  accepts  the  ordinance 
passed  by  the  City  Council  on  the  26th  day  of  November,  1900,  agreeing 
with  said  Company,  its  successors  and  assigns,  as  to  the  mode  of  use  of 
the  highways,  lanes  and  alleys  and  public  places  of  the  City  of  Canton, 
Ohio,  by  said  Company's  telephone  lines  and  to  provide  telephone  service 
for  the  various  departments  of  the  city  and  herewith  files  this  its  uncondi- 
tional acceptance  thereof  in  the  office  of  the  City  Clerk. 

Respectfully, 

THE  STARK  COUNTY  TELEPHONE  COMPANY, 

By  Joseph  Biechele,  President. 


AN  ORDINANCE 

To  provide  for  the  enlargement  of  the  present  Corporation  Limits  of  the 
City  of  Canton,  Ohio,  and  the  annexation  thereto  of  certain  described 
territory  contiguous  to  said  city. 

Whereas,  The  inhabitants  generally  of  the  City  of  Canton,  Stark 
County,  Ohio,  desire  to  enlarge  the  present  existing  corporate  limits 
of  said  city  by  the  annexation  of  contiguous  territory  thereto,  and  to  the 
extent,  manner,  character  and  distance  indicated  in  a  certain  plat  for  that 


320 


SPECIAL  ORDINANCES 


purpose,  now  on  file  in  the  office  of  the  City  Clerk  of  said  city  and  approved 
by  this  Council.    Now,  therefore, 

Section  i.  Be  it  ordained  by  the  City  of  Canton,  Ohio,  (a  majority 
of  all  the  members  elected  to  said  Council  concurring  herein),  That,  the 
territorial  corporate  limits  of  said  city  be  enlarged,  and  the  boundary 
lines  of  the  same  extended  and  established  as  hereinafter  described,  and 
all  the  territory  contiguous  to  the  present  corporate  limits,  (lying  between 
the  exisiting  corporate  limits  of  said  city  and  the  boundary  lines  proposed 
as  hereinafter  described)  annexed  to  the  City  of  Canton,  County  of  Stark, 
and  State  of  Ohio,  and  made  a  part  thereof,  so  as  to  enlarge  the  present 
existing  corporate  limits  of  the  same  to  the  extent,  distance  and  in  the 
manner  and  character  indicated  in  a  certain  plat  of  the  contemplated  en- 
largement made  by  J.  H.  Holl,  City  Civil  Engineer  of  said  city,  at  the 
instance  of  the  City  Council  in  the  month  of  June,  1881,  and  March,  1884, 
which  is  hereby  approved  by  this  Council  and  the  same  on  file  in  the 
office  of  the  City  Clerk  of  said  city. 

,Sec.  2.  That  the  boundary  lines  to  be  the  extended  and  enlarged 
proposed  corporate  city  limits  of  said  city  as  mentioned  in  section  one 
(1)  of  this  ordinance  be  fixed  and  established  as  follows,  to-wit :  Be- 
ginning for  the  same  at  the  northeast  corner  of  Section  No.  3  in  Canton 
township,  County  of  Stark,  and  State  of  Ohio ;  thence  with  the  east  line 
of  Section  3,  south  3  degrees  45  minutes,  west  5358  feet  to  the  southeast 
corner  of  the  same  and  the  northeast  corner  of  Section  No.  10  in  said 
township;  thence  with  the  east  line  of  Section  10  south  2  degrees  15 
minutes,  west  2700  feet  to  the  quarter  corner  on  the  east  boundary  of 
said  Section  10;  thence  south  3  degrees  5  minutes  west  with  the  section 
line  2240  feet  to  the  middle  of  the  Steubenville  Road;  thence  south  66  1-2 
degrees,  west  3045  feet  through  the  lands  owned  by  the  heirs  of  Jacob 
Rowland,  Connotton  Valley  Railway  Company,  John  Gibbs,  and  the 
heirs  of  Michael  Rohrer,  to  the  center  of  an  iron  bridge  where  a  branch 
of  the  Nimishillen  Creek  crosses  the  west  line  of  the  northeast  quarter  of 
Section  15;  thence  south  57  degrees  30  minutes  west  with  said  branch 
of  the  Nimishillen  Creek  and  the  lands  of  Washington  Myers  and  John  P. 
Rex's  heirs  563  feet;  thence  south  45  degrees  14  minutes,  west  562  1-2 
feel  to  the  south  lines  of  said  Rex  heirs  land;  thence  following  said  branch 
of  the  Nimishillen  Creek  through  the  lands  of  George  W.  Trump  south 


SPECIAL  ORDINANCES 


321 


41  degrees  37  minutes,  west  400  feet ;  thence  south  24  degrees  7  minutes, 
west  308  feet;  thence  south  51  degrees  45  minutes,  west  612  feet  to  the 
south  line  of  said  Trump's  land ;  thence  through  David  Sherrick's  land 
and  following  the  branch  of  the  said  Nimishillen  Creek  south  51  degrees 
45  minutes,  west  188  feet  ;  thence  south  29  degrees  45  minutes,  west  210 
feet ;  thence  south  46  degrees  20  minutes,  west  800  feet ;  thence  south 
72  degrees  58  minutes,  west  690  feet ;  thence  south  55  degrees  5  minutes, 
west  1290  feet;  thence  south  28  degrees  55  minutes,  west  300  feet;  thence 
south  51  degrees  55  minutes,  west  703  feet  to  the  south  line  of  Section 
No.  16,  thence  north  86  degrees  50  minutes  west  with  the  south  line  of 
said  Section  No.  16,  3363  feet  to  its  southwest  corner;  thence  north  87 
degrees  west  with  the  section  line,  2700  feet  to  the  southwest  corner  of  the 
southeast  quarter  of  Section  No.  17,  of  said  Canton  township;  thence 
north  3  degrees,  east  2684  feet  to  the  northwest  corner  of  said  southeast 
quarter;  thence  north  3  degrees,  east  2700  feet  to  the  northwest  corner 
of  the  northeast  quarter  of  said  Section  No.  17;  thence  north  3  degrees, 
east  5346  feet  to  the  northwest  corner  of  the  northeast  quarter  of  Section 
No.  8  in  said  township ;  thence  north  3  degrees,  east  5404  feet  to  the 
township  line  and  the  northwest  corner  of  the  northeast  quarter  of  Section 
No.  5 ;  thence  south  87  degrees,  east  with  the  north  line  of  Canton  town- 
ship 2700  feet  to  the  northeast  corner  of  said  Section  No.  5 ;  thence  south 
87  degrees,  east  5401  feel  to  the  northeast  corner  of  Section  No.  4;  thence 
south  86  degrees  45  minutes,  east  still  with  said  township  line  5424  feet 
to  the  northeast  corner  of  Section  3,  and  place  of  beginning. 

Sec.  3.  That  upon  the  passage  and  due  publication  of  this  ordinance 
as  required  by  law,  the  City  Solicitor  of  said  city  shall  prosecute  the  pro- 
ceedings necessary  to  effect  such  annexation  as  •  contemplated  by  this 
ordinance. 

Passed  April  14,  1884. 


322 


REVISED  ORDINANCES 


AN  ORDINANCE 
Granting  to  William  H.  Ramm,  his  associates,  successors  and  assigns,  the 
right  to  establish,  maintain  and  operate  a  system  of  waste  paper  re- 
ceptacles in  the  City  of  Canton,  Ohio. 

Be  it  ordained  by  the  Council  of  Canton,  Ohio : 

Section  I.  The  right  is  hereby  given  and  granted  to  William  H. 
Ramm,  his  associates,  successors  and  assigns,  for  the  period  of  ten  years, 
to  establish,  maintain  and  operate  in  and  along  the  streets,  alleys  and  side- 
walks of  the  City  of  Canton,  a  system  of  boxes  or  receptacles  for  the 
temporary  reception  and  accumulation  of  waste  paper,  trash  and  litter. 

Sec.  2.  The  said  boxes  or  receptacles  shall  be  constructed  of  sheet 
steel  or  other  equally  desirable  metal,  in  a  wormanlike  manner,  and  shall 
be  not  larger  than  the  following  dimensions,  to-wit :  The  said  recep- 
tacles shall  sit  upon  legs  not  more  than  eight  inches  high ;  the  receptacle 
proper  shall  not  be  of  a  height  greater  than  sixty  (60)  inches  in  the 
clear,  and  shall  have  a  signtop  thereon  not  greater  than  six  (6)  inches  in 
height,  and  shall  not  be  more  than  twenty-seven  (27)  inches  in  the  greatest 
width,  and  eighteen  (18)  inches  in  the  narrowest  width.  They  shall  be 
designed  and  constructed  in  a  suitable  manner  for  the  temporary  recep- 
tion, deposit  and  accumulation  of  waste  paper  and  other  trash  and  litter 
liable  to  be  thrown  upon  the  streets,  but  shall  not  be  used  for  the  deposit 
of  ashes,  water,  garbage  or  animal  or  vegetable  offal.  They  may  be  placed 
in  and  along  such  streets,  alley  and  sidewalks  of  the  City  of  Canton,  at 
the  corners  or  intersections  of  the  streets,  or  at  other  suitable  places  thereon, 
as  the  Committee  on  Sidewalks  may  designate  and  approve,  upon  the 
application  of  the  said  William  H.  Ramm,  and  the  niuuber  of  said  boxes 
to  be  so  placed  and  maintained,  shall  not  be  less  than  twenty-five. 

Sec.  3.  The  said  William  H.  Ramm,  his  associates,  successors  and 
assigns  shall  keep  and  maintain  said  boxes  or  receptacles  in  a  neat,  clean 
and  sanitary  condition,  at  all  times,  and  the  City  of  Canton,  Ohio,  shall 
not  be  made  liable  or  held  in  any  sum,  nor  for  any  purpose,  by  reason 
of  the  establishment  and  maintenance  of  said  system  of  boxes  and  recep- 
tacles. In  consideration  of  which  the  said  William  II.  Ramm  and  his 
assigns  shall  have  the  exclusive  right  and  privilege  to  place  advertise- 
ments on  said  boxes  or  receptacles,  for  the  benefit  of  himself  or  assigns, 


SPECIAL,  ORDINANCES 


323 


provided,  however,  that  no'  advertisement  which  is  of  an  immoral  or 
disreputable  character  shall  be  placed  thereon,  and  advertisements  shall 
not  be  placed  thereon  in  such  a  manner  or  form  as  to  render  said  boxes 
unsightly. 

Sec.  4.  Said  William  H.  Ramm,  his  associates,  successors  and  as- 
signs, shall  at  all  times,  and  as  frequently  as  shall  be  necessary,  remove 
all  waste  paper  and  other  litter  that  shall  be  cast  and  deposited  in  said 
boxes  or  receptacles,  and  in  consideration  of  the  covenants  herein  men- 
tioned, the  said  William  H.  Ramm  or  his  associates,  successors  and 
assigns,  agree  to  and  shall  pay  to  the  City  of  Canton,  Ohio,  between  the 
first  day  of  January  and  the  first  day  of  February,  each  year,  a  sum  equal 
to  twelve  and  one-half  per  cent  of  the  gross  income  received  by  him  or 
them  during  the  preceding  year,  from  advertisements  so  placed  upon 
said  receptacles.  Said  payments  shall  be  made  quarterly,  and  on  or  be- 
fore the  20th  days  of  January,  April,  July  and  October  of  each  year,  for 
the  quarters  immediately  preceding,  at  the  option  of  the  city,  and  the 
grantee  or  his  assigns  herein  shall,  if  so  required,  accompany  said  pay- 
ment of  said  twelve  and  one-half  per  cent,  with  an  itemized  statement 
duly  verified  under  oath,  of  the  total  income  received  from  said  boxes 
during  the  respective  period  or  periods,  and  the  City  of  Canton,  Ohio,  shall 
have  the  further  right  to  examine  the  books  of  account  of  the  said  William 
H.  Ramm,  his  associates,  successors  and  assigns,  for  the  purpose  of  ascer- 
taining the  correctness  of  said  statements  and  the  amount  due  the  city 
as  herein  provided. 

Sec.  5.  The  rights  and  privileges  herein  granted  to  said  William  H. 
Ramm,  his  associates,  successors  and  assigns,  shall  be  and  are  subject  to 
such  reasonable  regulations  and  orders,  either  by  resolution  or  ordinance, 
as  the  Council  of  the  City  of  Canton  shall  pass  from  time  to  time. 

Sec.  6.  The  said  William  H.  Ramm,  his  associates,  successors  and 
assigns,  shall  file  his  or  their  written  acceptance  of  this  ordinance  within 
twenty  days  after  its  passage  and  publication  with  the  City  Clerk,  and 
the  work  of  establishing,  maintaining  and  operating  said  system  of  trash 
boxes  or  receptacles  provided  herein,  shall  be  begun  within  ninety  days 
after  said  acceptance  is  so  filed. 


324 


REVISED  ORDINANCES 


Sec.  7.    This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication.. 
Passed  October  15th,  1900. 


St.  Louis,  Mo.,  Oct.  25th,  1900. 
The  above  ordinance  is  accepted  by  me. 

WILLIAM  H.  RAMM, 
By  Paul  Reiss,  Att'y  in  fact. 


APPENDIX 


RULES  AND  REGULATIONS 
GOVERNING 

The  Board  of  Health 

CITY  OF  CANTON,  OHIO 


Section  i.  The  regular  meetings  of  the  Board  of  Health  shall  be 
held  the  first  Tuesday  of  each  month  at  8  o'clock,  P.  M.,  from  April  I  to 
September  I,  and  at  7  o'clock  P.  M.  from  September  1  to  April  i,  unless 
otherwise  ordered. 

Sec.  2.  The  rules  of  parliamentary  procedure  prescribed  in  Cushing's 
Manual  shall,  as  far  as  practicable,  govern  the  Board  in  its  deliberations. 

Sec.  3.  At  all  sessions'  of  the  Board  the  following  shall  be  the  order 
of  business : 

1st.     Calling  the  Board  to  order. 

2nd.    Reading  minutes  of  previous  meeting. 

3rd.    Reports  of  Standing  Committees. 

4th.    Reports  of  Special  Committees. 

5th.    Report  of  Health  Officer. 

6th.    Approval  of  bills. 

7th.    Miscellaneous  business. 

8th.  Adjournment. 

Sec.  4.  All  appointments  of  the  Board  shall  be  made  by  ballot,  and 
shall  require  a  majority  of  all  the  members,  and  certificates  of  the  same  shall 
be  signed  by  the  President  and  countersigned  by  the  Clerk,  and  no  ap- 
pointment shall  be  valid  unless  so  signed  and  countersigned.  Dismissals 
from  office  shall  also  be  certified  in  like  manner. 

Sec.  5.  All  applications  for  appointment  by  the  Board  must  be  written 
and  signed  by  the  applicant,  who  must  present  himself  before  the  Board 
in  person,  if  required. 


328 


REVISED  ORDINANCES 


Sec.  6.  All  charges  preferred  against  any  member  of  the  sanitary 
force  shall  be  made  in  writing  and  signed  by  the  person  making  such 
charges,  and  filed  with  the  Clerk  of  the  Board. 

Sec.  7.  All  reports  and  complaints  from  the  members  of  the  sanitary 
force  of  the  Board  shall  be  made  in  writing  and  transmitted  by  the  Health 
Officer. 

Sec.  8.  The  following  committees  shall  be  appointed  and  announced 
by  the  President  at  the  second  regular  meeting  in  May  of  each  year,  and 
such  appointments  shall  be  valid  when  confirmed  by  the  Board : 

1st.     Committee  on  Regulations  and  Finance. 

2nd.    Commitee  on  Sanitary  Affairs. 

3rd.    Committee  on  Public  Buildings  and  Sewers. 

Sec.  9.  All  Special  Committees  shall  be  elected  or  appointed  as  the 
Board  may  direct  at  the  time  of  their  formation. 

Sec.  10.  It  shall  be  the  duty  of  the  Committee  on  Regulations  and 
Finance  to  report  to  the  Board,  as  early  as  practicable  after  its  organiza- 
tion, the  rules  and  regulations  by  which  the  Board  shall  be  governed. 
They  shall  examine  and  report  upon  all  bills  and  accounts,  and  shall  have 
a  general  supervision  of  the  finances  of  the  Board. 

Sec.  11.  The  Committee  on  Sanitary  Affairs  shall  have  control  of 
the  sanitary  force,  and  have  general  supervision  of  all  matters  pertaining 
to  or  affecting  the  health  of  the  city  not  otherwise  provided  for  by  the 
Board. 

Sec.  12.  The  Committee  on  Public  Buildings  and  Sewers  shall 
examine  and  report  to  the  Board  upon  the  sanitary  condition  of  all  public 
buildings,  shall  have  supervisions  of  all  sewers,  public  and  private,  and 
house  connections  with  the  same,  and  enforce  the  rules  and  regulations 
of  the  Board  relative  to  the  construction  of  privy  vaults. 

Sec.  13.  All  contracts  authorized  and  made  by  the  Board  shall  be 
drawn  by  the  City  Solicitor,  in  the  name  of  the  Board  of  Health  of  the 
City  of  Canton,  and  shall  be  signed  by  the  President  or  acting  President 
and  Clerk. 

Sec.  14.  -Every  bill  or  account  must  give  the  items,  with  their 
respective  dates,  and  be  certified  to  by  the  owner.  When  a  bill  is  pre- 
sented it  shall  be  read  in  open  meeting  of  the  Board,  and  referred  to  the 
Committee  on   Regulations  and  Finance,  which  shall  carefully  examine 


BOARD  OF  HEALTH 


329 


it  and  endorse  on  the  back  thereof  their  approval  or  rejection,  and  report 
the  same  at  the  next  regular  meeting-  of  the  Board,  which  may  then  allow 
or  disallow  said  bill,  and  no  bill  shall  be  allowed  unless  ordered  by  the 
vote  of  at  least  four  members  of  the  Board  at  a  regular  session.  When  a 
bill  is  allowed  and  certified  to  the  City  Council  for  payment,  the  certifi- 
cate shall  be  written  upon  its  face  and  signed  by  the  Clerk,  and  by  the 
Chairman  who  presided  at  the  time  it  was  allowed. 
Sec.  15.    Duties  of  the  Health  Officer: 

Rule  1. — The  Health  Officer  shall  be  the  Chief  Executive  Officer  of 
the  Board,  subject  to  its  rules  and  regulations,  the  ordinances  of  the  city, 
and  the  laws  of  the  State  governing  the  same. 

Rule  2. — The  Health  Officer  shall  give  a  bond  of  good  and  sufficient 
security,  to  be  drawn  by  the  City  Solicitor  and  approved  by  the  Board, 
in  the  sum  of  one  thousand  dollars,  for  the  faithful  performance  of  his 
duties. 

Rule  3. — It  shall  be  the  duty  of  the  Health  Officer  to  visit  the  sev- 
eral wards  at  least  once  a  week,  and  exercise  general  supervision  over  the 
sanitary  police. 

Rule  4.— It  shall  be  the  duty  of  the  Health  Officer  to  attend  all  meet- 
ings of  the  Board,  and  report  in  writing  the  sanitary  condition  of  the 
city,  and  make  the  annual  report  to  the  City  Council  required  of  the 
Board  by  law. 

Rule  5. — It  shall  be  the  duty  of  the  Health  Officer  to  be  present  at 
the  Mayors  office  or  other  place  designated  by  the  Board,  from  1  to  2 
o'clock  P.  M.  each  day,  (Sundays  excepted),  and  remain  a  sufficient  length 
of  time  to  attend  to  any  business  which  may  come  before  him. 

Rule  6. — He  shall  keep  such  records  of  births,  deaths,  marriages,  &c, 
and  perform  such  other  duties  as  may  from  time  to  time  be  provided  for 
by  the  Board  of  Health. 

Sec.  16.    Duties  of  the  Clerk: 

Rule  1. — The  Clerk  of  the  Board  shall  give  a  bond  of  good  and 
sufficient  security,  to  be  drawn  by  the  City  Solicitor  and  approved  by  the 
Board,  in  the  sum  of  one  thousand  dollars,  for  the  faithful  performance 
of  his  duties. 

Rule  2. — It  shall  be  the  duty  of  the  Clerk  to  attend  all  meetings  of 
the  Board,  keep  minutes  of  its  proceedings  and  record  of  the  same,  when 


330 


REVISED  ORDINANCES 


approved,  in  a  book  provided  for  that  purpose.  He  shall  keep  at  his  office 
duplicates  of  bills  certified  to  the  City  Council,  and  keep  the  accounts 
between  the  Board  and  their  employees  in  a  book  provided  for  that  pur- 
pose. 

Sec.  17.  Certificates  of  death  shall  be  filed  with  the  Health  Officer 
by  the  undertaker  within  twenty-four  hours  after  he  has  been  called  to 
take  charge  of  burial. 

Sec.  18.  The  Sanitary  Police  shall  wear,  plainly  exposed  to  view, 
their  badge  of  office,  and  at  no  time  shall  they  attempt  to  enter  any 
house,  building,  or  other  premises  of  any  person,  without  their  badge 
exposed,  unless  otherwise  directed  by  the  Health  Officer  or  Board. 

Sec.  19. — These  rules  may  be  altered  or  amended  at  any  regular 
meeting  by  giving  two  weeks  written  notice  and  by  a  majority  vote  of 
the  whole  Board;  or  they  may  be  suspended  at  any  regular  meeting  by 
a  two-thirds  vote  of  the  whole  Board. 

S.  A.  CONKLING,  M.  D., 
ODO  E.  PORTMAN,  M.  D, 
R.  A.  CASSTDY. 


TO  REGULATE 
The  keeping  of  Hogs  in  the  City  of  Canton,  Ohio. 

First. — It  shall  be  unlawful  for  any  person  to  keep  any  hogs  within 
the  limits  of  the  City  of  Canton,  Ohio,  in  any  place  which  shall  be  within 
five  hundred  feet  of  any  dwelling  house  or  building  used  and  occupied 
as  a  dwelling  house. 

Second. — Whoever  violates  any  of  the  provisions  of  this  rule  shall, 
upon  conviction  thereto,  be  fined  not  less  than  two  dollars  nor  more  than 
twenty-five  dollars  and  the  costs  of  prosecution. 

Third. — This  rule  shall  take  effect  and  be  in  force  from  and  after 
January  1,  A.  D.,  1890. 


BOARD  OF  HEALTH 


331 


RULES  AND  REGULATIONS  OF  THE 
BOARD  OF  HEALTH. 

Resolved.  That  the  following  code  of  health  laws  be  and  are  hereby 
adopted  by  the  Board  of  Health  of  Canton,  Ohio,  as  provided  for  in 
Section  2122  of  the  Revised  Statutes,  as  amended  March  14,  1893. 

NUISANCES. 

Section  1.  All  privy  vaults,  after  being  emptied,  also  all  night-soil 
and  the  contents  of  sinks,  privies,  vaults  and  cess-pools,  and  all  noxious 
substance,  shall,  before  removal  or  exposure,  be  disinfected  and  ren- 
dered inoffensive  by  the  person  or  contractor  who  removes  the  same. 

Sec.  2.  No  butchers'  offal  or  garbage,  or  any  dead  animals,  nor  any 
putrid  or  stinking  animal  or  vegetable  matter,  shall  be  allowed  to  remain 
on  the  premises  of  any  person,  or  to  be  thrown  into  any  street  or  alley, 
place  or  receiving  basin,  or  into  any  standing  water,  or  upon  the  grounds 
or  premises  of  any  other  person  in  the  city. 

Sec.  3.  No  person  shall  be  permitted  to  pursue  any  business  or 
occupation  in  the  city  that  is  in  the  opinion  of  the  Board  of  Health,  dan- 
gerous or  detrimental  to  life  or  health,  and  every  such  business  or  pursuit 
shall  be  promptly  discontinued. 

Sec.  4.  The  rendering,  heating  or  steaming  of  any  animal  or  vege- 
table product  or  substance,  generating  noisome  or  unwholesome  odors, 
or  gaseous  vapors,  shall  be  conducted  in  steam  tight  kettles,  tanks  or 
boilers,  and  such  method  adopted  as  will  entirely  condense,  decompose, 
deodorize  or  destroy  the  odors,  vapors  and  gaseous  products ;  and  no 
person  shall  be  permitted  to  burn  upon  his  premises,  street,  alley  or  other 
place,  any  animal  or  vegetable  substance,  which  will  create  noisome  or 
unwholesome  odors. 

Sec.  5.  Any  person  violating  sections  1,  2,  3  or  4,  or  either  of  them 
of  these  laws,  or  neglecting  any  duty  imposed  by  said  sections,  shall  be 
fined  in  any  sum  not  less  than  one  dollar  nor  more  than  fifty  dollars  for 
each  offense. 

Sec.  6.  No  person  shall  construct  any  privy  vault  or  cesspool  within 
the  limits  of  said  city  without  first  obtaining  from  the  Board  of  Health 
a  written  permit  so  to  do,  and  permits  shall  be  granted  only  to  applicants 


332 


REVISED  ORDINANCES 


who  are  not  abutting  property  owners  upon  streets  that  have  sewers,  on 
condtion  that  they  faithfully  observe  the  laws,  ordinances  and  rules,  of 
said  city,  relating  to  the  construction  of  privy  vaults  and  cesspools. 

Sec.  7.  Any  permit  so  granted  may  be  revoked  by  the  Board  of 
Health,  by  written  notice  to  the  person  to  whom  it  is  granted,  when  it 
shall  appear  that  such  person  has  violated  any  law  of  the  state  or  ordi- 
nance of  the  City  of  Canton,  or  rules  of  the  Board  of  Health,  relating  to 
the  construction  of  privy  vaults  and  cesspools. 

Sec.  8.  No  permit  shall  be  granted  for  the  construction  of  a  privy 
vault  or  cesspool  at  a  distance  nearer  than  forty  (40)  feet  from  any  house, 
well  or  spring. 

Sec.  9.  All  privy  vaults  and  cesspools  for  the  construction  of  which 
permits  may  hereafter  be  granted,  shall  be  not  more  than  eight  feet  in 
depth,  to  have  not  less  than  three  inches  of  concrete  laid  underneath  the 
bottom,  which  shall  be  laid  with  brick,  the  walls  shall  be  laid  with  hard 
burnt  brick,  and  laid  in  fresh  cement.  Provided,  however,  that  outside 
the  limits  of  any  sewer  districts,  they  may  be  constructed  without  the  use 
of  cement. 

Sec.  10.  Before  obtaining  such  permit  the  applicant  shall  state  to  the 
Board  of  Health: 

First. — His  name  and  residence,  and  the  number  of  the  sewer  dis- 
trict, if  any. 

Second. — The  name  of  the  person  holding  the  legal  title  to  the  lot 
or  land  upon  which  it  is  desired  to  construct  a  privy  vault  or  cesspool. 

Third. — An  accurate  description  of  the  lot  or  land  and  its  location, 
the  kind  of  vault  or  cesspool  proposed,  the  depth  and  dimensions  of  the 
same,  what  ventilation  is  proposed,  and  the  distance  from  any  house,  well 
or  spring  that  it  is  desired  to  construct  the  same. 

Sec.  11.  All  permits  granted  hereafter  shall  be  signed  by  the  Health 
Officer  of  said  city,  and  a  record  of  the  statements  made  by  persons  apply- 
ing for  the  same  shall  be  kept  by  such  officer,  which  records  shall  at  all 
times  be  open  for  public  inspection. 

.Sec.  1  2 .  Any  person  violating  any  of  the  provisions  of  the  next  pre- 
ceding six  sections,  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  fifty  dollars  and  costs  of  prosecution. 


BOARD  OF  HEALTH 


333 


ABANDONED  VAULTS  AND  SINKS. 

Sec.  13.  That  it  shall  be  unlawful  for  any  person  or  persons  to 
abandon  any  privy  vault,  vaults  or  any  sink,  to  cover  up,  arch  over,  or 
otherwise  conceal  the  same. 

Sec.  14.  Such  vaults,  vault  or  sink,  when  abandoned,  must  have  re- 
moved therefrom,  by  the  owner  thereof,  all  the  contents,  and  when  so 
cleaned  out  the  same  must  be  immediately  rilled  up  with  earth  to  a  level 
with  the  surface  of  the  ground  upon  which  said  vault  or  sink  is  located. 

Sec.  15.  Any  person  or  persons  violating  any  of  the  provisions  of 
sections  thirteen  or  fourteen  shall,  upon  conviction  thereof,  be  fined  not 
less  than  ten  dollars  nor  more  than  fifty  dollars,  and  pay  the  costs  of 
prosecution,  and  the  court  may  order  such  person  to  stand  committed 
until  such  fine  and  costs  are  paid,  or  until  he  otherwise  be  discharged  by 
due  course  of  law. 

SCAVENGERS'  CARTS,  PRIVIES,  SINKS,  CESSPOOLS  AND 

STABLES. 

Sec.  16.  That  no  person  shall  draw  off  or  allow  to  run  on  any  ground, 
street,  or  alley  of  this  city,  the  contents  or  any  part  thereof,  of  any  vault, 
privy,  cesspool,  hog  pen,  or  sink ;  nor  shall  any  owner,  tenant,  or  occu- 
pant of  any  building  to  which  any  vault,  sink,  privy,  or  cesspool  shall 
appertain  or  be  attached  to,  permit  the  contents  to  become  offensive. 

Sec.  17.  That  every  owner,  lessee,  tenant  and  occupant  of  any  stable, 
stall  or  apartment,  in  which  any  horse,  cattle  or  swine,  or  any  other  ani- 
mals shall  be  kept,  or  of  any  place  in  which  manure  or  any  liquid  discharge 
of  such  animals  shall  collect  or  accumulate,  shall  cause  said  liquid  and 
manure  to  be  removed  to  some  proper  place,  and  shall  at  all  times  keep 
or  cause  to  be  kept  such  stall,  stables  and  apartments,  and  the  drainage, 
yard  and  appurtenances  thereof,  in  a  cleanly  and  wholesome  condition. 

Sec.  18.  Any  person  violating  sections  sixteen  and  seventeen  of  these 
laws,  or  neglecting  any  duty  imposed  by  said  sections,  shall  be  fined  in 
any  sum  not  less  than  ten  dollars,  nor  more  than  fifty  dollars  for  each 
offense. 


334 


REVISED  ORDINANCES 


MARKETS. 

Sec.  19.  That  no  butcher  or  other  person  shall  knowingly  kill  any 
cow,  sheep  or  hog  that  is  pregnant,  and  the  meat  of  any  such  cow,  sheep 
or  hog  shall  not  be  sold  or  offered  for  sale  for  human  food  at  any  market 
or  elsewhere  in  this  city. 

Sec.  20.  No  meat,  fish,  birds  or  fowl,  or  vegetables,  not  being  then 
healthy,  fresh,  sound,  wholesome  and  safe  for  human  food,  nor  any  meat 
or  fish  that  died  by  disease  or  accident,  shall  be  brought  within  this  city 
or  offered  or  held  for  sale  in  any  public  or  private  market,  as  such  food 
anywhere  in  this  city. 

Sec.  21.  No  calf,  pig  or  lamb  shall  be,  or  the  meat  thereof  shall  be 
brought,  held  or  offered  for  sale  as  such  food  in  this  city,  which,  at  the 
date  of  its  death,  was  less  than  four  weeks  old ;  nor  shall  any  meager, 
sickly  or  unwholesome  fish,  birds  or  fowl  be  brought,  held  or  sold  or 
offered  for  sale  as  such  food  in  said  city. 

Sec.  22.  No  person  shall  offer  or  have  for  sale,  in  the  city,  any  un- 
wholesome, watered  or  adulterated  milk,  or  milk  known  as  swill  milk, 
or  milk  from  cows  or  other  animals  that  for  the  most  part  lived  in  stables, 
or  that  are  fed  on  swill,  garbage,  or  other  like  substance,  nor  any  butter 
or  cheese  made  from  such  milk. 

Sec.  23.  That  no  cased,  blown,  plaited,  raised,  stuffed,  putrid,  im- 
pure or  unhealthy  or  unwholesome  meat  or  fish,  birds  or  fowl  shall  be  held, 
bought  or  sold  or  offered  for  sale  for  human  food,  or  held  or  kept  in  any 
market,  public  or  private,  or  any  public  place  in  this  city. 

Sec.  24.  That  no  person  shall  sell  or  offer  to  sell,  or  bring  within  the 
limits  of  the  city,  any  decayed  or  damaged  vegetables  or  fruit. 

Sec.  25.  Any  person  violating  Sections  19,  20,  21,  22,  23,  24  of  these 
laws,  or  neglecting  any  duty  imposed  by  said  sections,  shall  be  fined  in 
any  sum  not  less  than  five  dollars  nor  more  than  fifty  dollars,  and  costs 
of  prosecution  for  each  offense. 

Sec.  26.  No  butcher,  milk  dealer,  green  grocer,  fruit  dealer,  or  other 
persons  dealing  in  any  substance  or  material  used  for  human  food,  shall 
refuse  to  allow  any  person  or  persons,  authorized  by  the  Board  of  Health 
to  fully  inspect  any  and  all  said  substances  and  materials  held,  offered  or  in- 
tended for  sale,  and  shall  answer  all  reasonable  and  proper  questions 


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335 


asked  by  such  person  or  persons  relative  to  the  condition  thereof,  place 
where  such  substance  and  materials  may  be,  and  of  whom  procured. 
The  fact  of  such  substances  and  materials  being  found  in  the  possession 
or  on  the  premises  of  any  person  as  aforesaid,  shall  be  deemed  sufficient 
evidence  that  such  substances  and  materials  are  held  for  sale. 

Sec.  27.  Any  person  violating  Section  26  of  these  laws,  or  neglect- 
ing any  duty  imposed  by  said  sections,  shall  be  fined  in  any  sum  not  less 
than  ten  dollars  nor  more  than  fifty  dollars  and  costs  of  prosecution  for 
each  offense. 

TENEMENT  HOUSES. 

Sec.  28.  Be  it  resolved  by  the  Board  of  Health  of  the  City  of  Canton, 
Ohio,  that  Section  28  of  the  Code  of  health  laws  passed  and  adopted  by 
the  Board  of  Health  of  the  City  of  Canton,  Ohio,  December  9th,  1896,  be 
amended  to  read  as  follows : 

Section  1.  That  no  owner  or  lessee  of  any  building,  or  any  part 
thereof,  shall  lease  or  let,  or  hire  out  the  same  or  any  portion  thereof,  to 
be  occupied  by  any  person,  or  allow  the  same  to  be  occupied  as  a  place 
in  which,  or  for  any  one,  to  dwell  or  lodge,  except  when  said  buildings  ur 
such  parts  thereof  are  sufficiently  lighted,  ventilated,  provided  and  ac- 
commodated, and  are  in  all  respects  in  that  condition  of  cleanliness  and 
wholesomeness,  for  which  the  Rules  and  Regulations  of  the  Board  of 
Health  of  the  City  of  Canton,  Ohio,  or  any  law  of  this  state  provides,  or 
in  which  they  or  either  of  them  require  any  such  premises  to  be  kept. 
Nor  shall  any  such  person  rent,  let,  hire  out  or  allow,  having  power  to 
prevent  the  same,  to  be  used  as  or  for  a  place  of  sleeping  or  residence, 
any  portion  or  apartment  of  any  building,  which  apartment  or  portion  has 
not  at  least  two  feet  of  its  height  and  space  above  the  level  of  every  part 
of  the  sidewalk  and  curbstone  of  any  adjacent  street,  nor  of  which  the 
floor  is  damp  by  reason  of  water  from  the  ground,  or  which  is  impregnated 
or  penetrated  by  any  offensive  gas,  smell,  or  exhalation  prejudicial  to 
health.  But  this  section  shall  not  prevent  the  leasing  or  venting,  or  occu- 
pancy of  cellars  or  rooms  less  elevated  than  aforesaid,  and  as  a  part  of 
any  building  rented  or  let,  when  they  are  not  let  or  intended  to  be  occu- 
pied or  used  by  any  person  as  a  sleeping  apartment,  or  as  a  principal  or 
sole  dwelling  apartment. 


336 


REVISED  ORDINANCES 


Sec.  2.  That  no  person  having  the  right  and  power  to  prevent  the 
same,  shall  knowingly  cause  or  permit  any  person  to  sleep  or  remain  in 
any  cellar,  or  in  any  bathroom,  or  in  any  room  where  there  is  a  water 
closet,  or  in  any  place  dangerous  or  prejudicial  to  life  and  health,  by 
reason  of  a  want  of  ventilation  or  drainage,  or  by  reason  of  the  presence 
of  any  poisonous,  noxious  or  offensive  substance,  or  otherwise. 

Sec.  3.  That  no  owner,  lessee,  or  keeper  of  any  tenement  house, 
lodging  house,  boarding  house  shall  cause  or  allow  the  same  to  be  over- 
crowded, or  cause  or  allow  so  great  a  number  of  persons  to  dwell,  be,  or 
sleep  in  any  such  house,  or  any  portion  thereof,  as  thereby  to  cause  any 
danger  or  detriment  to  life  or  health. 

Sec.  4.  That  every  person  who  shall  be  the  owner,  lessee  or 'keeper 
or  manager  of  any  tenement  house,  boarding  house,  lodging  house,  shall 
provide,  or  cause  to  be  provided  for  the  accommodation  thereof  and  for 
the  use  of  the  tenants,  lodgers,  boarders  thereat,  adequate  privies,  or 
water  closets,  and  the  same  shall  be  so  adequately  ventilated,  and  shall  at 
all  times  be  kept  in  such  cleanly  and  wholesome  condition  as  not  to  be 
offensive,  or  dangerous  or  detrimental  to  life  or  health.  And  no  offensive 
smell  or  gases,  from  or  through  any  outlet  or  sewer,  or  through  any  such 
privy  or  water  closet,  shall  be  allowed  by  any  person  aforesaid  to  pass 
into  such  house  or  any  part  thereof,  or  into  any  other  house  or  building. 
Four  hundred  cubic  feet  of  air  space  shall  be  provided  and  allowed  for 
each  bed  or  lodger,  and  no  more  beds  shall  be  permitted  than  those  pro- 
vided in  this  way,  unless  free  and  adequate  means  of  ventilation  exist, 
approved  by  the  Board  of  Health,  and  a  special  permit  in  writing  be 
granted  therefor,  specifying  the  number  of  beds  or  the  cubic  air  space 
which  shall  under  especial  circumstances  be  allowed. 

Sec.  5.  That  every  owner,  lessee,  and  tenant,  and  manager  of  any 
boarding  house,  shall  cause  every  part  thereof  and  its  appurtenances  to 
be  put,  and  shall  thereafter  cause  the  same  to  be  kept  in  a  cleanly  and 
wholesome  condition,  and  shall  speedily  cause  every  department  thereof 
in  which  any  person  may  sleep,  or  dwell,  or  work,  to  be  adequately  lighted 
and  ventilated. 

Sec.  6.  Any  person  violating  any  of  the  provisions  of  the  foregoing 
sections,  shall  upon  conviction  thereof  be  fined  in  any  sum  not  exceeding 
$25.00  and  the  costs  of  prosecution. 


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337 


Sec.  7.  That  said  original  section  28  be  and  the  same  is  hereby 
repealed. 

Sec.  8.    These  rules  and  regulations  shall  take  effect  and  be  in  force 
from  and  after  their  passage  and  legal  publication. 
Passed  September  11,  1902. 

JAMES  H.  ROBERTSON, 

President  of  the  Board. 

J.  F.  MARCHAND,  Clerk. 

Published  in  the  Evening  Repository  September  13  and  20. 


VACCINATION. 

Sec.  29.  That  every  person,  being  the  parent  or  guardian,  or  having 
the  care,  custody  or  control  of  any  minor  or  other  individual,  shall  to 
the  extent  of  any  means,  power  and  authority  of  said  parent,  guardian 
or  other  person,  that  could  properly  be  used  or  exerted  for  such  purpose, 
cause  and  procure  such  minor  or  individual  to  be  so  promptly,  frequently 
and  effectually  vaccinated,  that  such  minor  or  individual  shall  not  be 
liable  to  take  the  smallpox. 

Sec.  30.  All  school  boards,  school  teachers,  or  any  other  persons 
having  control  of,  or  authority  in,  any  school  or  schools,  are  hereby  for- 
bidden to  receive  into  or  allow  to  attend  any  school,  public,  parochial  or 
private,  any  teacher,  janitor  or  pupil  not  vaccinated  within  the  preceding 
five  years,  or  not  having  had  the  smallpox  or  varioloid.  It  shall  be  the 
duty  of  the  Board  of  Health  or  Health  Officer  to  see  that  teachers, 
janitors  and  every  child  that  enters  the  public  or  private  schools  has  been 
successfully  vaccinated,  and  prohibit  the  same  from  attending  school  until 
they  are  vaccinated ;  and  where  scholars  are  not  vaccinated  within  two 
weeks  after  having  been  notified  by  the  Health  Officers,  or  where  scholars 
are  unable  on  account  of  their  circumstances  to  secure  said  vaccination, 
it  shall  be  the  duty  of  the  Health  Officer  to  vaccinate  all  such  scholars  and 
keep  a  record  of  the  same  in  a  suitable  book  provided  for  that  purpose, 
in  which  shall  be  given  the  name  and  age  of  the  child,  the  name  of  the 
parents,  the  city  address,  the  kind  of  vaccine  virus  used,  and  such  other 
information  as  the  Board  may  require. 


338 


REVISED  ORDINANCES 


Sec.  31.  Any  person  violating  Section  30  of  these  laws,  or  neglecting 
any  duty  imposed  by  said  section,  shall  be  fined  in  any  sum  not  less  than 
one  dollar  nor  more  than  ten  dollars  for  each  offense  and  pay  the  costs  of 
prosecution. 

HYDROPHOBIA. 

Sec.  32.  That  every  animal  which  is  mad,  or  has  the  hydrophobia, 
shall  by  the  person  owning  the  same  or  having  the  possession,  charge 
or  control  thereof,  be  at  once  killed ;  and  every  animal  that  has  been  ex- 
posed to'  such  disease  shall  also  be  at  once  killed ;  and  the  dead  body  of  any 
such  animal  thus  killed  and  any  that  died  of  such  disease,  shall  be  at  once, 
by  such  person,  buried  not  less  than  three  feet  under  ground  outside  of 
the  city. 

Sec.  33.  In  every  case  where  a  person  has  been  bitten  by  a  dog,  sup- 
posed to  be  mad,  the  person  owning  the  same,  or  having  the  possession, 
charge  or  control  thereof,  shall  quarantine  such  animal  for  thirty  days, 
and  if  hydrophobia  develops,  the  animal  shall  be  killed. 

Sec.  34.  That  all  physicians,  or  other  persons  having  charge  of 
sick  or  diseased  persons  in  this  city  shall  report  to  the  Board  of  Health 
all  deaths  with  the  disease  or  cause  of  death,  which  come  under  their 
care  or  knowledge ;  also  shall  report  all  births. 

DEATHS. 

Every  physician  and  professional  advisor  who  has  attended  any 
person  at  a  last  illness  shall,  at  the  death  of  such  person,  report  such  death 
to  the  Board  within  thirty-six  hours  thereafter,  stating  the  cause  thereof, 
and  specifying  the  date,  place,  street  and  number  of  such  death. 

Sec.  35.  No  person  shall  remove  or  convey  a  corpse  either  for  burial 
or  transportation,  to  or  from  the  City  of  Canton,  without  first  obtaining 
a  permit  from  the  Board  of  Health  of  said  city  so  to  do ;  and  before  ob- 
taining such  perrnit,  he  shall  deposit  in  their  office  a  certificate,  setting 
forth  as  nearly  as  can  be  ascertained,  the  name,  age,  sex,  nativitiy,  color, 
occupation,  whether  married  or  single,  number  and  street  of  late  resi- 
dence in  the  city,  time  of  residence  therein,  place  of  previous  resi- 
dence, cause  and  date  of  death,  duration  of  last   illness  and  the  place 


BOARD  OF  HEALTH 


339 


and  date  of  intended  interment,  which  certificate  shall  be  signed 
by  the  physician  or  surgeon  in  attendance  at  the  time  of  death.  In  case 
a  coroner's  inquest  shall  be;  held,  the  fact  shall  be  stated  and  the  coroner 
shall  be  required  to  certify  the  fact  to  the  Board  of  Health ;  and  no  sexton 
or  other  person  shall  assist  in  or  assent  to,  or  allow  any  such  interment, 
or  aid  or  assist  about  preparing  any  grave  or  place  of  deposit  for  any  such 
body  for  which  such  permit  has  not  been  given  authorizing  the  same ;  and  it 
shall  be  the  duty  of  any  sexton  who  shall  receive  any  such  permit  to  pre- 
serve and  return  the  same  to  this  Board  as  its  regulations  may  require. 

Sec.  36.  Any  person  failing  to  comply  with  the  requirements  of  any 
of  the  four  next  preceding  sections,  shall,  upon  conviction  thereof  before 
the  Mayor  of  said  city,  be  fined  not  less  than  five  dollars  nor  more  than 
twenty  dollars  for  each  offense  and  pay  the  expense  of  prosecution. 

OFFICERS. 

Sec.  37.  The  Board  of  Health  shall,  on  the  first  meeting  in  January, 
1903,  and  biennially  thereafter  on  the  first  meeting  in  January  or  soon 
thereafter,  elect  the  following  officers  to  serve  for  two  (2)  years  or  until 
their  successors  are  elected  :  One  person,  a  practicing  physician,  to  serve 
as  Health  Officer.  One  person  to  serve  as  City  Physician.  One  person 
to  serve  as  Clerk  of  the  Board  of  Health.  One  or  more  persons  to  serve 
as  Sanitary  Police.  One  person  to  serve  as  Milk  Inspector,  and  one 
person  to  serve  as  Inspector  of  Meat  Shops,  Slaughter  Houses  and  Dairies. 
Any  two  of  said  offices  may  be  combined  and  held  by  one  person. 

HEALTH  OFFICER. 

Sec.  38.  The  Health  Officer  shall  be  the  executive  officer  of  the 
Board  of  Health,  and  it  shall  be  his  duty  to  carry  out  and  enforce  all 
existing  laws  having  for  their  object  the  preservation  of  life  and  prevention 
of  disease,  and  the  abatement  and  removal  of  nuisances.  He  shall  exercise 
a  general  supervision  over  the  business  of  the  office,  and  he  shall  see  that 
all  books  and  records  of  the  office  are  properly  kept ;  and  that  the  return 
of  births,  deaths  and  interments  are  properly  made  and  recorded ;  and  he 
shall  also  do  and  perform  such  other  duties  as  the  Board  may  lawfully 
require  of  him. 


340 


REVISED  ORDINANCES 


Sec.  39.  It  shall  be  unlawful  for  the  Health  Officer  to  accept  a  death 
certificate  having  thereon  as  cause,  "heart  failure,"  from  any  physician, 
ro'-ivvife  or  other  person,  or  to  issue  a  burial  permit  when  not  accom- 
panied with  the  name  of  the  disease  from  which  the  heart  failure  occurred. 

Sec.  40.  That  it  shall  be  the  duty  of  the  Health  Officer,  whenever 
any  case  of  smallpox  shall  be  reported  to  him,  or  come  to  his  knowledge, 
to  forthwith  cause  a  yellow  flag  or  quarantine  card  to  be  placed  conspicu- 
ously upon  the  premises  where  the  patient  may  be,  warning  the  public  of 
contagion  near ;  and  every  person  guilty  of  displacing  any  such  flag  or 
card  before  the  recovery  or  removal  of  such  patient  and  the  disinfection 
of  the  premises,  shall  on  conviction  thereof  before  the  mayor,  pay  a  fine 
of  not  less  than  five  dollars  nor  more  than  twenty  dollars,  together  with 
all  costs  of  prosecution. 

CLERK. 

Sec.  41.  The  clerk  shall  make  and  keep  in  proper  form  the  minutes 
of  the  meetings  and  proceedings  of  the  Board ;  he  shall  attend  to  receiving 
returns  of  deaths  and  the  issuing  of  all  permits  and  the  registration  of 
births  and  deaths  and  interments,  also  complaints  of  nuisances,  orders 
relating  thereto,  and  to  such  other  writing  and  copying  of  writings,  and 
such  other  services  relating  to  his  position  as  the  Board  of  Health  or 
Health  Officer  may  lawfully  require  of  him. 

CITY  PHYSICIAN. 

Sec.  42.  The  City  Physician  shall  attend  the  indigent  poor  of  the 
city  and  furnish  the  same  with  medicine.  Medicines  must  be  furnished 
by  the  City  Physician  and  paid  for  out  of  the  fixed  salary  allowed  him 
for  such  expenditures,  unless  in  special  or  extraordinary  cases,  when  the 
Board  of  Health  may  order  the  purchase  of  medicines,  vaccine  virus,  or 
other  supplies.  No  City  Physician  shall  be  called  upon  to  take  charge  of 
smallpox  patients  in  the  city  hospital  or  in  quarantine  except  by  special 
agreement  with  the  Board  of  Health,  and  under  special  compensation  for 
such  attendance,  lie  shall  make  monthly  reports  of  his  services  to  the 
Board  on  blanks  to  be  provided  for  the  purpose,  giving  date,  name  of 
person  attended,  cause  of  visit,  charge  for  visit. 


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341 


SLAUGHTER  HOUSES. 

Sec.  43.  No  butcher,  or  other  person,  shall  be  allowed  to  kill  or 
slaughter  any  beeves,  calves,  sheep,  hogs,  or  other  animals,  within  the 
city,  except  the  house,  yard,  pen  or  place  where  the  killing  shall  take  place, 
shall  have  a  perfectly  water-tight  floor,  which  shall  lie  directly  upon  the 
earth,  previously  made  impervious  by  waterlime,  asphaltum,  "concrete," 
or  other  like  substance,  and  the  fluids,  washings  and  liquid  offal  shall  be 
conducted  into  water-tight  vessels  or  vats  and  immediately  disinfected  or 
carried  without  the  city.  The  offal,  such  as  intestines,  and  their  contents, 
bones,  horns,  hoofs  and  scraps  shall  be  taken  at  once  outside  the  city ; 
and  furthermore,  the  entire  premises  shall  be  disinfected  at  least  twice  a 
week,  and  the  vessel  or  vats  containing  the  liquid  offal  shall  be  emptied 
at  least  twice  a  week ;  and,  moreover,  the  entire  premises  shall  be  thor- 
oughly washed  immediately  after  the  killing  of  animals  takes  place. 

Any  person  failing  to  comply  with  Section  43  shall  on  conviction 
thereof,  be  fined  not  less  than  five  dollars  nor  more  than  twenty  dollars 
for  each  offense  and  costs  of  prosecution. 

BEFOULING  THE  CREEKS. 

Sec.  44.  That  it  shall  be  unlawful  for  any  person  or  persons  to  throw, 
cast  or  deposit  or  cause  to  be  thrown,  cast  or  deposited  in  the  creeks  at 
any  point  within  the  city  limits,  excepting  such  places  as  are  authorized 
by  the  City  Council  as  offal  or  garbage  dump  or  sewerage  deposit,  any 
animal  or  vegetable  substance  whatever  or  any  other  offensive  matter ; 
any  person  or  persons  so  offending,  on  conviction  thereof,  shall  pay  a  fine 
not  less  than  five  dollars  nor  more  than  twenty  dollars,  together  with 
costs  of  prosecution. 

SEWERS,  DRAINS  AND  CULVERTS. 

Sec.  45.  That  it  is  an  offense  to  place  anything  of  whatever  nature, 
which  shall  obstruct  the  flow  of  water,  in  any  sewer,  drain  or  culvert  in 
said  city,  or  to  suffer  such  obstruction  to  remain  therein,  and  any  person 
convicted,  on  information  by  or  on  complaint  of  any  other  person,  before 
the  mayor  of  said  city,  of  placing  such  obstruction  in  any  sewer,  drain  or 


342 


REVISED  ORDINANCES 


culvert,  or  suffering  the  same  to  remain  therein,  shall  be  fined  in  any  sum 
not  exceeding  ten  dollars,  and  pay  the  costs  of  prosecution. 

Sec.  46.  That  no  person  shall  erect  any  stable,  pig  pen  or  other 
structure  over  any  drain  or  sewer,  or  near  any  culvert,  so  as  to  interfere 
with  or  prevent  the  cleaning  of  the  same ;  and  any  owner  of  such  stable, 
pig  pen  or  other  structure,  now  erected  over  any  drain  or  sewer,  or  near 
any  culvert,  which  interferes  with  or  prevents  the  cleaning  thereof,  who 
shall  refuse  to  remove  the  same  within  ten  days  after  being  notified  so  to 
do  by  the  Health  Officer,  shall  on  conviction  thereof,  before  the  mayor, 
be  fined  not  more  than  ten  dollars ;  and  may  also  be  fined  five  dollars  per 
day,  until  such  stable,  pig  pen  or  other  structure  shall  be  removed,  and 
pay  all  costs  of  prosecution. 

CONTAGIOUS  DISEASES. 

Sec.  47.  That  for  the  purpose  of  guarding  against  the  introduction 
or  spread  of  contagious  diseases  it  shall  be  the  duty  of  all  physicians  and 
keepers  of  hotels  or  boarding  houses  in  said  city,  and  of  persons  in  charge 
of  railroad  trains  entering  said  city,  to  report  in  writing  to  the  Health 
Officer  without  delay  every  case  of  cholera,  smallpox  or  other  contagious 
and  malignant  or  unusual  disease  coming  to  their  knowledge  within  the 
city  or  in  the  vicinity  thereof;  and  ever  physician  or  other  person  as 
aforesaid  willfully  neglecting  to  report  any  such  case  with  name  and 
residence,  for  more  than  six  hours  after  obtaining  knowledge  of  the 
same,  shall  be  fined  in  any  sum  not  less  than  five  dollars  nor  more  than 
twenty  dollars,  and  costs  of  prosecution. 

Sec.  48.  Whenever  quarantine  is  declared,  all  railroads,  or  other 
corporations,  and  the  owners,  consignees  or  assignee  of  any  railroad, 
stage  or  vehicle  used  for  the  transportation  of  passengers,  baggage  or 
freight,  shall  submit  to  any  rules  or  regulations  imposed  by  any  board 
of  health  or  health  officer,  they  shall  submit  to  any  examination  required 
by  the  health  authorities  respecting  any  circumstance  or  event  touching 
the  health  of  the  crew,  operatives  or  passengers,  and  the  sanitary  condi- 
tion of  tin-  baggage  and  freight;  and  any  owner,  consignee  or  assignee 
or  other  person  interested  as  aforesaid,  who  makes  any  unfounded  state- 
ment or  deelaration  respecting  the  points  under  examination,  shall,  upon 
conviction  thereof,  be  subjected  to  the  penalties  herein  provided  for  vio- 


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343 


lations  of  the  requirements  of  this  section,  and  when  complaint  is  made, 
or  a  reasonable  belief  exists  that  an  infectious  or  contagious  disease  pre- 
vails in  any  house  or  other  locality,  the  Board  may  cause  such  house  or 
locality  to  be  inspected  by  its  proper  officers,  and  on  discovering  that 
such  infectious  or  contagious  disease  exists,  may,  as  it  deems  best,  send 
the  person  so  diseased  to  the  pest  house  or  hospital,  or  may  restrain  them 
and  others  exposed  within  said  house  or  locality  from  intercourse  with 
other  persons,  and  prohibit  ingress  or  egress  to  or  from  such  premises. 

Sec.  49.  No  person  suffering  with  diphtheria,  membranous  croup, 
scarlet  fever,  smallpox,  measles,  whooping  cough  or  other  dangerous 
diseases  shall  be  admitted  into  any  public,  parochial  or  private  school  or 
college  or  Sunday  school,  or  shall  enter  any  assemblage  or  railway  car, 
street  car  or  other  public  conveyance. 

Sec.  50.  Xo  parent,  guardian  or  other  person  having  charge  or  con- 
trol of  any  child  or  children,  shall  allow  or  permit  any  such  child  or  chil- 
dren to  go  from  any  house  or  building  in  which  a  case  of  smallpox, 
diphtheria,  scarlet  fever,  measles,  typhus  fever  or  cholera  has  recently 
occurred,  without  a  permit  from  the  Board  of  Health  or  its  proper  officer. 

Sec.  51.  Every  physician  attending  a  person  affected  with  smallpox, 
diphtheria,  scarlet  fever,  membranous  croup  or  typhus  fever  shall  use 
every  possible  precaution  to  prevent  communication  of  the  disease  to 
others. 

Sec.  52.  School  books  or  books  from  a  public  or  circulating  library 
shall  not  be  taken  into  any  house  where  smallpox,  typhus  fever,  diph- 
theria, scarlet  fever,  measles  or  whooping  cough  exists ;  and  if  school 
books  or  library  books  have  already  been  taken  into  such  house,  they 
must  be  destroyed  by  the  owner  or  library  authorities,  or  be  properly 
disinfected  before  they  are  again  taken  to  school  or  placed  in  circulation. 

Sec.  53.  It  shall  be  the  duty  of  the  Board  of  Health  or  its  proper 
officer,  when  a  case  of  smallpox,  yellowT  fever,  typhus  fever,  diphtheria, 
membranous  croup,or  scarlet  fever  is  reported  within  its  jurisdiction,  to 
at  once  place  or  cause  to  be  placed  in  a  conspicuous  position  on  the 
house  wherein  any  of  the  aforesaid  diseases  occur,  a  quarantine  card  or 
flag,  and  a  notice  announcing  in  large  letters,  ''CONTAGIOUS  DIS- 
EASE WITHIN,"  and  to  prohibit  entrance  to  or  exit  from  such  house 
without  the  written  permission  of  the  Board  of  Health. 


344 


REVISED  ORDINANCES 


Sec.  54.  The  isolation  of  patients  and  duration  of  quarantine  m 
infectious  diseases  shall  be  as  follows : 

Diphtheria — For  the  patient :  Isolation  for  fourteen  days  after  re- 
covery and  disinfection  of  premises.  For  persons  associated  with  or  in 
the  house  with  the  patient,  quarantine  until  after  death  or  recovery  of  the 
patient  and  disinfection  of  the  premises. 

Membranous  Croup — For  the  patient:  Isolation  for  fourteen  days 
after  recovery  and  disinfection  of  premises.  For  persons  associated  with 
or  in  the  house  with  the  patient :  Quarantine  until  after  death  or  recov- 
ery of  the  patient  and  disinfection  of  the  premises. 

Scarlet  Fever — Isolation  of  the  patient  and  quarantine  of  children 
associated  with  or  in  the  house  with  the  patient  for  ten  days,  after  com- 
plete desquamation  or  scaling  of  patient  and  disinfection  of  the  premises. 

Smallpox — For  the  patient :  Isolation  until  after  all  crusts  or  scales 
have  fallen  off  and  the  disinfection  of  the  premises.  For  exposed  persons: 
Quarantine  for  fourteen  days  from  date  of  last  exposure. 

Cholera  and  Yellow  Fever — For  the  patient :  Isolation  until  after 
complete  recovery  and  disinfection  of  the  premises.  For  exposed  per- 
sons :    Quarantine  for  five  days  from  date  of  last  exposure. 

Typhus  Fever — For  the  patient :  Isolation  until  after  complete  re- 
covery and  disinfection  of  the  premises.  For  exposed  persons :  Quaran- 
tine for  twenty-one  days  from  date  of  last  exposure. 

Sec.  55.  The  bodies  of  persons  who  have  died  of  smallpox,  cholera, 
yellow  fever,  typhus  fever,  diphtheria,  membranous  croup,  scarlet  fever, 
erysipelas,  measles  or  other  contagious  or  infectious  disease,  shall  be 
wrapped  in  a  sheet  saturated  with  a  solution  of  bi-chloride  of  mercury 
one  ounce  to  a  gallon  of  water  ,and  shall  be  buried  within  twenty-four 
hours  after  death,  except  by  written  permission  of  the  Board  of  Health. 

No.  56.  No  public  or  church  funeral  shall  be  held  in  connection  with 
the  burial  of  a  person  who  has  died  of  cholera,  smallpox,  yellow  fever, 
typhus  fever,  diphtheria,  membranous  croup,  scarlet  fever,  measles  or 
whooping  cough,  and  the  body  of  such  person  shall  not  be  taken  into 
any  church,  chapel  or  other  public  place. 

See.  57.  Anv  house  or  building  and  its  contents,  in  which  a  case  of 
smallpox,  cholera,  yellow  fever,  typhus  fever,  diphtheria,  scarlet  fever  or 
measles  has  occurred,  shall  be  disinfected  by  the  owner  or  occupant, 
under  the  supervision  of  the  Board  of  Health  or  its  proper  officer. 


BOARD  OF  HEALTH 


345 


Sec.  58.  The  Board  of  Health  may  order  and  cause  the  disinfection, 
renovation  or  complete  destruction  of  bedding,  clothing  or  other  property 
belonging  to  corporations  or  individuals,  when  such  action  seems  to 
such  board  necessary,  or  a  reasonable  precaution  against  the  spread  of 
contagious  or  infectious  diseases ;  and  to  the  indigent  poor  it  may  replace 
clothing  or  other  articles  so  destroyed. 

Sec.  59.  Any  person  violating  any  of  the  provisions  of  the  next  pre- 
ceding eleven  sections  of  these  laws,  or  neglecting  any  duty  imposed  by 
said  sections,  shall  be  fined  in  any  sum  not  less  than  five  dollars,  nor 
more  than  twenty  dollars  for  each  offense. 

Sec.  60.  Any  person  or  child  who  is  an  attendant  at  any  public, 
parochial,  or  private  school  or  college,  or  Sunday  school,  and  which  per- 
son or  child,  or  the  family  in  which  said  person  or  child  resides,  has  been 
quarantined  by  the  Board  of  Health,  the  name  of  such  person  or  child 
shall  be  registered  by  the  principal  or  person  having  the  general  superin- 
tendency  or  oversight  of  such  public,  parochial  or  private  school  or  col- 
lege, or  Sunday  school,  at  such  place  where  said  person  or  child  attended, 
in  a  book  to  be  furnished  and  kept  by  such  principal  or  person  having 
the  general  oversight  or  superintendency.  which  register  shall  set  forth 
the  name  and  residence  of  such  child  or  person,  the  date  when  the  quaran- 
tive  above  provided  for  was  reported  to  said  principal  or  person  having 
the  general  superintendency  or  oversight,  together  with  the  name  of  the 
disease  against  which  quarantine  has  been  passed ;  and  such  person  or 
child  shall  not  thereafter  be  admitted  into  said  public,  parochial  or  private 
school  or  college  or  Sunday  school,  until  such  person  or  child  has  applied 
in  writing  to  the  superintendent  for  such  admission,  which  application 
shall  be  accompanied  by  a  certificate  signed  by  a  reputable  physician, 
stating  that  all  danger  of  communicating  the  disease  so  quarantined 
against  is  past,  and  said  certificate  shall  be  endorsed  by  the  Board  of 
Health  or  its  proper  officer  by  it  authorized.  And  it  shall  be  the  duty  of 
the  health  officer  to  report  within  twelve  hours,  to  such  principal  or  person 
having  the  general  supervision  or  oversight  of  such  public,  parochial  or 
private  school  or  college  or  Sunday  school,  the  name  and  residence  of  the 
patient,  so  affected,  and  have  placed  on  the  house  a  card  bearing  the  name 
of  the  disease  in  large  letters,  and  no  person  shall  remove  or  mark  such 
notice  without  permission  from  the  Board  of  Health. 


346 


REVISED  ORDINANCES 


Any  person,  superintendent,  principal  or  teacher  violating  any  of  the 
provisions  of  this  section,  or  neglecting  any  duty  herein  imposed,  shall 
be  fined  in  any  sum  not  less  than  five  dollars,  nor  more  than  fifty  dollars, 
for  each  offense  and  costs  of  prosecution. 

Sec.  61.  No  person  shall,  without  a  permit  from  this  board,  carry  or 
remove  from  one  building  to  another,  or  from  any  railroad  depot  to  any 
house  or  through  the  public  streets,  any  person  sick  of  any  contagious 
disease,  or  any  person  that  has  been  exposed  to  and  is  liable,  very  soon 
to  develop  any  contagious  disease,  nor  any  articles  that  have  been  exposed 
to  any  such  disease. 

Sec.  62.  That  no  person  in  said  city  having  the  smallpox,  or  any  other 
contagious  and  malignant  disease,  shall  leave  his  or  her  room  and  no 
person  convalescent,  or  recently  recovered,  having  had  such  disease,  shall 
go  abroad  in  said  city  without  first  obtaining  from  the  Health  Officer  a 
permit  in  writing  for  that  purpose ;  nor  shall  the  nurse  or  attendant  upon 
any  patient  sick  of  such  disease,  leave  the  premises  where  such  patient 
may  be  without  a  permit  as  aforesaid,  either  of  which  permits  may  be 
granted  in  every  case  upon  a  certificate  from  the  attending  physician  of 
such  patient  satisfactory  to  said  officer;  and  it  is  hereby  made  the  duty 
of  the  Health  Officer,  before  granting  any  such  permit,  to  require  that 
such  patient,  nurse  or  attendant  shall  put  off  and  destroy  the  clothing 
worn  during  any  sickness  or  attendance  as  aforesaid,  or  that  the  same 
shall  be  so  disinfected  that  there  can  be  no  danger  of  contagion  there- 
from. 

Sec.  63.  It  shall  be  the  duty  of  every  person  controlling  premises, 
occupied  by  any  such  patient  to  thoroughly  cleanse  and  disinfect  the 
same. 

Sec.  64.  Any  person  violating  sections  61,  62  and  63  of  these  laws 
or  neglecting  any  duty  imposed  by  either  of  said  sections,  shall  be  fined 
in  any  sum  not  less  than  ten  dollars,  nor  more  than  fifty  dollars  and 
costs  of  prosecution  for  every  such  offense. 

TRANSPORTATION  OF  DEAD  BODIES. 

Sec.  65.  The  transportation  of  bodies  of  persons  dead  of  smallpox, 
diphtheria,  membranous  croup,  Asiatic  cholera,  typhus;  fever,  or  yellow 
fever,   except   for  burial   or  cremation,  within   the  jurisdiction  of  the 


BOARD  OF  HEALTH 


347 


health  authorities  of  the  municipality  is  absolutely  forbidden  and  dis- 
interment of  such  bodies  is  prohibited. 

Sec.  66.  Any  person  violating  section  65  of  these  laws,  or  neglect- 
ing any  duty  imposed  by  said  section,  shall  be  fined  in  any  sum  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars  and  costs  of  prose- 
cution for  each  offense. 

WASTE  WATER  AND  FILTH  IN  STREETS,  ALLEYS,  DRAINS 

AND  SEWERS. 

Sec.  67.  That  it  shall  be  unlawful  for  any  person  or  persons  to 
throw  or  run,  or  cause  to  be  thrown  or  run,  any  waste  water  or  filth  sub- 
stance upon  or  into  any  street,  alley,  drain,  sewer,  lot  or  premises  in 
sufficient  amount  to  cause  a  nuisance  within  the  corporate  limits  of  said 
city. 

Sec.  68.  That  any  person  or  persons  violating  section  67  of  these 
laws  on  conviction  thereof  before  the  mayor,  shall  be  fined  in  any  sum 
not  exceeding  twenty  dollars,  together  with  the  costs  of  prosecution  for 
each  offense. 

Sec  69.  That  any  person  or  persons  who  shall  continue  to  throw, 
or  run  waste  water,  or  any  filthy  substance  upon,  or  into  any  street,  alley, 
drain  or  sewer,  lot  or  premises  as  herein  forbidden,  shall  be  liable  to  a 
new  prosecution  for  every  twenty-four  hours  he  or  they  shall  so  continue 
the  original  offense. 

Sec.  70.  It  shall  be  the  duty  of  the  street  commissioner  to  give 
information  of  known  violations  of  this  ordinance,  and  the  Health  Officer 
or  Sanitary  Police,  and  all  other  officers  of  the  city  police  shall  have  full 
power,  and  it  is  hereby  made  their  duty  to  arrest  offenders  against  the 
same  and  bring  them  before  the  mayor  for  trial. 

FILTH  AND  RUBBISH  IN  ALLEYS,  STREETS,  ETC. 

Sec.  71.  That  it  shall  be  unlawful  for  any  person  to  place  or  cast 
any  rubbish  or  filth  of  any  kind  or  description  in  or  upon  any  alley, 
streets,  lot  or  premises  within  the  limits  of  this  city,  or  to  cause,  order 
or  direct  any  other  person  to  place  or  cast  any  filth  or  rubbish  in  or  upon 
any  such  alley,  street,  lot  or  premises. 


348 


REVISED  ORDINANCES 


Sec.  72.  It  shall  be  the  duty  of  the  Health  Officer  in  all  cases  where 
filth  or  rubbish  has  been,  or  shall  hereafter  be  cast  into  or  upon  any 
alley,  street,  lot  or  premises  in  this  city,  to  serve  or  cause  to  be  served, 
a  written  notice  upon  the  owner  or  owners,  of  his,  her  or  their  agent  or 
agents,  or  the  occupier  or  occupiers  of  the  lots  and  lands  bounding  or 
abutting  upon  such  alley,  requiring  the  person  or  persons  so  notified,  to 
remove  all  filth  and  rubbish  from  the  portion  of  such  alley  upon  which 
the  lot  or  lands  owned,  controlled,  or  occupied  by  such  person  or  persons, 
shall  bound  or  abut,  and  thereupon  it  shall  be  the  duty  of  such  person  or 
persons  so  notified,  to  remove  such  filth  and  rubbish  within  three  days 
from  the  date  of  the  service  of  said  notice. 

Sec.  73.  Any  person  or  persons  violating  the  provisions  of  sections 
71  and  72  of  these  laws,  or  who  shall  refuse  or  neglect  to  remove  all 
filth  and  rubbish  from  the  portion  of  any  alley,  street,  lot  or  premises 
upon  which  such  filth  or  rubbish  may  be  found  upon  conviction  thereof 
in  the  mayor's,  court  shall  be  fined  in  any  sum  not  less  than  five  dollars 
nor  more  than  fifty  dollars  with  costs  of  prosecution. 

AUTHORITY  OF  SANITARY  POLICE. 

Sec.  74.  That  the  Board  of  Health  are  hereby  authorized  to  order 
the  Sanitary  Police  to  enter  upon  and  inspect  any  house,  yard,  lot,  locality 
or  premises  in  said  city,  or  in  any  portion  or  district  thereof. 

ANNUAL  APPROPRIATION. 

Sec.  75.  That  an  annual  estimate  of  the  anticipated  expenses  of 
the  Board  of  Health  shall  be  made  by  the  board  and  presented  to  the 
City  Council  before  the  annual  tax  levy  is  made. 

Sec.  76.  The  board  is  authorized  to  establish  salaries  for  all  of  its 
appointees. 

MISDEMEANORS. 

Sec.  77.  That  if  any  person  shall  place,  or  cause  to  be  placed,  in 
any  street,  lane,  alley,  lot,  common  or  water  course  within  this  city,  the 
carcass  of  any  dead  animal,  or  parts  or  fragments  thereof,  or  any  putrid 
or  unsound  beef,  pork,  fish,  or  other  substance  tending  to  corrupt  the 


BOARD  OF  HEALTH 


349 


atmosphere,  and  shall  leave  the  same  exposed  or  unburied,  such  person 
so  offending,  on  conviction  thereof,  shall  pay  a  fine  not  exceeding'  twenty 
dollars  with  costs. 

Sec.  78.  If  any  animal  shall  die  in  the  possession  of  any  person  in 
the  city,  it  shall  be  the  duty  of  such  person  to  cause  the  same  to  be  re- 
moved without  the  limits  of  the  city  or  to  be  buried,  so  that  the  same  shall 
not  corrupt  the  air  or  cause  any  injury  to  the  health  of  the  city  ;  and  if 
any  person  in  whose  possession  any  animal  shall  die  as  aforesaid,  shall 
neglect  to  cause  the  same  to  be  removed  or  buried  as  required  by  this 
section,  such  person  so  neglecting,  on  conviction  thereof,  shall  pay  a  fine 
not  exceeding  five  dollars  and  costs  of  prosecution. 

Sec.  79.  If  any  person  shall  suffer  stagnant  water,  filth,  manure,  or 
any  noisome  or  offensive  liquid  or  substance,  which  may  be  injurious  to 
the  health  of  any  other  person,  or  which  may  corrupt  the  atmosphere,  to 
remain  upon)  his  or  her  premises  within  the  city,  such  person  on  convic- 
tion thereof,  shall  pay  a  fine  not  exceeding  ten  dollars  and  costs  of  prose- 
cution. 

Sec.  80.  If  any  person  shall  throw,  cast  or  deposit,  or  cause  to  be 
thrown,  cast  or  deposited  in  any  race  or  creek,  or  in  any  stream  of  water, 
tributary  to  such  creek  within  this  city,  or  within  ten  miles  of  the  cor- 
poration limits  of  this  city,  any  animal  or  vegetable  substance,  or  any 
organic  or  inorganic  matter,  either  in  a  state  of  decomposition  or  liable 
to  decomposition,  or  any  other  substance  or  matter  whatsoever,  either 
in  a  liquid,  semi-liquid  or  solid  state,  by  which  the  water  of  such  race 
or  creek  may  in  any  way  be  corrupted,  polluted,  contaminated  or  ren- 
dered unwholesome,  such  person  upon  conviction  thereof,  shall  pay  a 
fine  not  exceeding  fifty  dollars  and  costs  ;  and  the  mayor  may  order  such 
to  stand  committed  until  the  fine  and  costs  are  paid,  or  he  be  otherwise 
discharged  by  the  course  of  law. 

Sec.  81.  If  any  person  shall  cast,  discharge  or  lay,  or  cause  to  be 
cast,  discharged  or  laid,  any  shavings,  ashes,  mud,  dung  or  other  filth 
or  annoyance  whatsoever,  or  any  foul  or  nauseous  liquid  of  any  kind,  on 
any  pavement,  or  in  or  upon  any  of  the  grounds,  lots,  commons,  streets, 
lanes  or  alleys  in  this  city,  or  shall  cast  or  throw,  or  let  fall  from  any  cart, 
wagon  or  other  carriage,  any  rubbish,  dirt  or  earth  in  any  street,  lane  or 
alley  aforesaid,  except  in  such  parts  or  places  as  shall  be  appointed  and 


350 


REVISED  ORDINANCES 


permitted  by  the  authority  of  the  City  Council,  every  person  so  offending, 
on  conviction  thereof,  shall  pay  a  fine  not  exceeding  five  dollars  and 
costs  of  prosecution. 

Sec.  82.  If  any  soap  boiler,  tallow  chandler,  tanner  or  other  person 
shall  make,  keep,  collect  or  use  upon  his  or  her  premises  within  this 
city,  any  stale,  putrid,  stinking  fat  or  grease,  or  other  noisome  or  offen- 
sive matter  or  substance,  such  person  on  conviction  thereof,  shall  pay  a 
fine  not  exceeding  ten  dollars  and  costs  of  prosecution. 

Sec.  83.  If  any  person  shall  suffer  any  privy  on  his  or  her  premises 
within  this  city,  to  become  offensive  to  any  other  inhabitant  of  this  city, 
such  person  on  conviction  thereof,  shall  pay  a  fine  not  exceeding  ten  dol- 
lars and  costs ;  and  if  such  person,  after  such  conviction,  shall  suffer  such 
privy  to  remain  in  its  offensive  condition,  such  person  on  conviction 
thereof,  shall  pay  an  additional  fine  not  exceeding  ten  dollars  and  costs, 
and  shall  be  liable  to  an  additional  fine  upon  fresh  complaint  of  the  con- 
tinuation of  such  nuisance  until  the  same  shall  be  abated. 

Sec.  84.  The  contents  of  any  privy,  privy  vault,  cesspool  or  sink 
shall  not  be  removed  unless  the  clerk  of  the  Board  of  Health  shall  first 
give  written  permission  therefor,  specifying  the  time  in  which  the  same 
shall  be  removed,  and  the  place  where  the  same  shall  be  deposited ;  and 
any  person  offending  against  the  provisions  of  this  section,  on  conviction 
thereof,  shall  pay  a  fine  not  exceeding  twenty  dollars  and  costs  of  prose- 
cution. 

Sec.  85.  It  shall  be  unlawful  for  any  person  or  persons  to  erect 
within  the  corporation  limits  of  the  City  of  Canton,  a  privy  of  any  kind 
without  obtaining  a  permit  for  the  same  from  the  Health  Officer.  No 
such  permit  shall  be  issued  if  either  end  of  the  lot  on  which  such  privy 
is  to  be  erected  abuts  on  a  street  provided  with  a  sewer. 

Sec.  86.  Any  person  violating  section  85  or  neglecting  any  duty 
imposed  by  it,  shall  be  fined  in  any  sum  not  less  than  five  dollars,  nor 
more  than  twenty  dollars  and  costs  of  prosecution  for  each  offense. 

Sec.  87.  If  any  person  or  persons  shall  abuse,  injure,  befoul  or  corrupt 
any  public  well,  cistern,  pump,  bridge,  engine  house  or  any  other  public 
property  belonging  to  the  corporation  of  this  city,  any  person  so  offend- 
ing, on  conviction  thereof,  shall  pay  a  fine  not  exceeding  one  hundred 
dollars  and  costs  of  prosecution. 


BOARD  OF  HEALTH 


351 


Sec.  88.  It  shall  be  unlawful  for  any  person  or  persons  to  remove 
what  is  termed  slop  within  the  corporation  limits  without  obtaining  a 
permit  from  the  Health  Officer  to  do  so,  and  file  with  said  Health  Officer 
an  application  in  which  they  agree  to  remove  the  same  in  tight  covered 
barrels  which  will  prevent  its  spilling  along  the  streets,  and  any  person 
or  persons  who  violate  this  ordinance  shall  be  subject  to  a  fine  of  not 
less  than  one  dollar,  nor  more  than  five  dollars,  and  stand  committed 
until  paid. 

INSPECTION  OF  PUBLIC  BUILDINGS. 

Sec.  89.  It  shall  be  the  duty  of  the  Health  Officer  or  Sanitary 
Policeman  to  inspect  as  often  as  they  may  deem  necessary,  the  sanitary 
condition  of  any  church,  school  building,  hall  or  any  other  public  build- 
ing within  the  corporation  limits  of  Canton,  Ohio.  Said  inspection  shall 
also  include  the  condition  of  heating,  ventilating,  lighting,  draining,  sewer- 
age, garbage  or  any  thing  or  things  that  may  affect  directly  or  indirectly 
the  public  health.  It  shall  also  be  the  duty  of  said  officer  to  remove  or 
have  removed  or  abated  any  nuisance  or  nuisances  they  may  discover 
existing  in  and  around  said  buildings,  and  any  person  refusing  to  permit 
said  inspection  or  obey  the  instructions  of  said  Board  of  Health,  Health 
Officer  or  Sanitary  Policeman,  shall  be  subject  to  a  fine  of  not  less  than 
five  dollars,  nor  more  than  twenty-five  dollars,  and  shall  stand  committed 
until  said  fine  is  pair. 

Sec.  90.  It  shall  also  be  the  duty  of  the  Board  of  Health  or  the 
Health  Officer  or  the  Sanitary  Policeman  to  inspect  semi-annually,  and 
oftener  if  in  .the  judgment  of  the  Board  it  shall  be  deemed  necessary,  the 
sanitary  condition  of  all  schools  and  school  buildings  within  the  limits  of 
the  corporation,  and  shall  order  and  enforce  the  execution  of  any  orders 
that  may  be  necessary  to  protect  the  public  health  of  either  the  scholars 
or  teachers  or  persons  living  adjacent  to  said  schools.  Any  person  or 
persons  refusing  to  obey  such  orders,  shall,  on  conviction  thereof  before 
the  mayor,  be  fined  not  less  than  twenty-five  dollars,  nor  more  than  one 
hundred  dollars  at  the  discretion  of  the  court. 

INSPECTOR  OF  PROVISIONS. 

Sec.  91.  It  shall  be  unlawful  for  any  person  to  bring  into  said  city 
any  beef  cattle,  sheep  or  hogs,  the  same  being  or  having  been  diseased 


352 


REVISED  ORDINANCES 


or  infected,  or  to  sell,  or  hold,  or  offer  for  sale  in  said  city,  the  meat  of 
any  diseased  or  infected  animal,  or  any  unwholesome  meat,  poultry, 
game,  fish  or  milk,  and  any  person  offending  against  this  section  shall  be 
fined  in  any  sum  not  exceeding  one  hundred  dollars,  or  be  imprisoned 
not  exceeding  thirty  days  or  both  at  the  discretion  of  the  mayor. 

Sec.  92.  Any  person  bringing  into  said  city  any  cattle,  sheep  or 
hogs  diseased  or  infected  as  aforesaid,  or  which  have  been  recently  ex- 
posed to  infection,  shall  remove  the  same  from  the  city  forthwith  upon 
notice  from  the  Health  Officer,  and  any  person  refusing,  when  so  notified 
to  remove  any  such  animal  as  aforesaid,  shall  be  deemed  guilty  of  an 
offense,  and  shall  be  liable  to  fine  and  imprisonment,  or  either,  as  pro- 
vided in  the  preceding  section. 

Sec.  93.  It  shall  be  the  duty  of  said  inspector  to  examine  all  poultry, 
game,  milk,  fresh  meat,  and  fresh  fish,  held  or  offered  for  sale  in  said 
city,  and  especially  in  the  public  markets  thereof;  and  whenever,  upon 
such  inspection,  he  shall  find  and  determine  that  any  milk,  poultry,  game, 
fresh  meat,  or  fresh  fish,  so  offered  or  held  for  sale,  is  adulterated,  impure, 
unsound,  unwholesome,  or  unfit  for  human  food,  he  shall  immediately 
seize  and  destroy  the  same.  Provided,  however,  that  he  may  report  any 
such  seizure  to  the  Health  Officer  of  the  city,  and  -instead  of  destroying 
the  article  forfeited  shall  make  such  other  disposition  thereof  as  said  officer 
may  direct,  not  inconsistent  with  regard  for  the  public  health. 

Sec.  94.  Said  inspector  shall,  by  virtue  of  his  said  office,  and  for 
the  better  supervision  of  the  public  markets  in  said  city,  inspect  all  vege- 
tables, fruits .  and  berries  offered  or  held  for  sale  in  any  of  said  markets 
or  elsewhere  in  said  city ;  and  whenever  he  shall  condemn  any  vegetables, 
fruits  or  berries  so  offered  or  held  for  sale,  as  stale,  unsound,  fermented 
or  unwholesome,  he  shall  cause  the  same  to  be  removed  forthwith,  and 
shall  so  dispose  of  the  same  that  the  sale  or  use  thereof  for  food  may  not 
thereafter  be  attempted. 

Sec.  95.  He  shall  attend  the  regular  meetings  of  the  Board  of  Health, 
and  all  special  meetings  of  which  he  may  have  notice,  reporting  his  action 
in  all  cases  to  said. board  and  enforcing  its  regulations,  applicable  to  the 
public  markets  and  other  places  at  which  provisions  are  sold. 


BOARD  OF  HEALTH 


353 


SALE  OF  MILK. 

Sec  96.  No  person  shall  bring  or  send  into  the  city  for  sale,  or  sell 
or  offer  for  sale,  any  milk  without  a  written  permit  so  to  do  from  the 
Board  of  Health,  which  shall  grant  permits  to  all  applicants,  on  condi- 
tion that  they  faithfully  observe  the  laws,  ordinances  and  rules  for  deal- 
ing in  milk.  Any  permit  so  granted  may  be  revoked  by  the  Board  of 
Health  by  written  notice  when  it  shall  appear  that  the  party  to  whom  such 
permit  was  granted  has  violated  any  law  of  this  state,  or  ordinance  of  the 
City  of  Canton,  or  rule  of  the  Board  of  Health  relating  to  dealing  in  milk. 
Such  permit,  subject  to  such  revocation,  shall  be  good  for  the  period  of 
one  year  from  the  first  day  of  January  of  the  year  of  issue. 

Sec.  97.  Before  obtaining  such  permit  the  applicant  shall  submit  to 
the  Board  of  Health,  in  writing,  a  statement  setting  out:  First,  his 
name  and  place  of  business  ;  second,  the  number  of  cows,  if  any  owned 
by  him ;  third,  the  name  and  place  of  business  of  any  and  all  persons  from 
whom  he  purchases  milk;  fourth,  the  daily  amount  of  milk  purchased  and 
the  daily  amount  sold  by  him,  as  near  as  he  can  estimate ;  fifth,  he  shall 
number  his  wagon,  which  number  he  shall  receive  from  the  milk  inspec- 
tor, and  said  number  shall  not  be  less  than  four  inches  in  size,  and  shall 
be  on  both  sides  of  the  wagon. 

Sec.  98.  Any  person  violating  any  of  the  provisions  of  sections  96 
and  97,  or  either  of  them,  shall,  upon  conviction,  be  fined  in  any  sum 
not  more  than  twenty-five  dollars  and  the  costs  of  prosecution. 

Sec.  99.  Whoever  by  himself  or  by  his  servant  or  agent,  or  as  the 
servant  or  agent  of  any  other  person,  sells,  exchanges  or  delivers,  or  has 
in  his  custody  or  possession  with  intent  to  sell  or  exchange,  or  expose 
or  offers  for  sale  or  exchange,  adulterated  milk,  or  milk  to  which  water 
or  any  foreign  substance  has  been  added,  or  milk  from  diseased  or  sick 
cows,  shall,  for  a  first  offense,  be  punished  by  a  fine  of  not  less  than  fifty 
dollars,  nor  more  than  two  hundred  dollars ;  for  a  second  offense,  by  a 
fine  of  not  less  than  one  hundred  dollars  nor  more  than  three  hundred 
dollars,  or  by  imprisonment  in  the  workhouse  for  not  less  than  thirty 
days  or  more  than  sixty  days ;  and  for  a  subsequent  offense  by  fine  of 
fifty  dollars  and  by  imprisonment  in  the  workhouse  of  not  less  than  sixty 
nor  more  than  ninety  days. 


354 


REVISED  ORDINANCES 


Sec.  ioo.  Whoever,  by  himself  or  by  his  servant  or  agent,  or  as  the 
servant  or  agent  of  any  person,  sells,  exchanges  or  delivers,  or  has  in  his 
custody  or  possession,  with  intent  to  sell  or  exchange,  or  exposes  or 
offers  for  sale  as  pure  milk,  any  milk  from  which  the  cream  or  part 
thereof  has  been  removed,  shall  be  punished  by  the  penalties  provided  in 
the  preceding  section. 

Sec.  101.  No  dealer  in  milk,  and  no  servant  or  agent  of  such  dealer, 
shall  sell,  exchange  or  deliver,  or  have  in  his  custody  or  possession,  with 
intent  to  sell,  or  exchange  or  deliver  milk  from  which  the  cream  or  part 
thereof  has  been  removed,  unless  in  a  conspicuous  place,  above  the  center, 
upon  the  outside  of  every  vessel,  can  or  package,  from  which  or  in  which 
such  milk  is  sold,  the  words  "Skimmed  Milk"  are  distinctly  marked  in 
uncondensed  gothic  letters  not  less  than  one  inch  in  length.  Whoever 
violates  the  provisions  of  this  section  shall  be  punished  by  the  penalties 
provided  in  section  99. 

Sec.  102.  In  all  prosecutions  under  the  foregoing  sections  regulating 
the  sale  of  milk,  if  the  milk  is  shown  upon  analysis  to  contain  more  than 
87  per  cent,  of  watery  fluid,  or  to  contain  not  less  than  12  1-2  per  cent, 
solids,  not  less  than  one-fourth  of  which  must  be  fat;  it  shall  be  deemed, 
to  be  adulterated,  and  not  of  good  standard  quality,  except  during  the 
months  of  May  and  June,  when  milk  containing  less  than  12  per  cent, 
of  milk  solids  shall  be  deemed  to  be  not  of  good  standard  quality. 

The  inspector  of  milk  shall  keep  a  record  of  such  statement  for  pub- 
lic inspection. 

POWER  TO  ABATE  NUISANCES. 

Sec.  103.  The  Board  of  Health  shall  abate  and  remove  all  and  every 
nuisance  within  the  limits  of  the  City  of  Canton  and  assess  the  cost  and 
expenses  of  the  same  upon  the  property,  which  assessment,  when  duly 
certified  by  the  president  of  the  board  to  the  county  auditor,  shall  become 
a  lien,  to  be  collected  the  same  as  any  other  tax  in  favor  of  the  city. 

Sec.  104.  When  any  building,  erection,  excavation,  premises,  busi- 
ness pursuit,  matter  or  thing,  or  the  sewerage,  drainage,  plumbing  or 
ventilation  thereof  is,  in  the  the  opinion  of  the  Board  of  Health,  in  a  con- 
dition dangerous  to  life  or  health,  and  when  any  building  or  structure  is 
occupied  or  rented  for  living  or  business  purposes,  and  sanitary  plumbing 


BOARD  OF  HEAI/TH 


355 


and  sewerage  are  feasible  and  necessary,  but  neglected  or  refused,  the 
Board  of  Health  may  declare  the  same  a  public  nuisance  and  may  order 
the  same  to  be  removed,  abated,  suspended,  altered,  or  otherwise  im- 
proved or  purified,  by  the  owner,  agent  or  other  person  or  persons  hav- 
ing control  of  the  same,  or  being  responsible  for  the  condition,  and  the 
refusal  or  neglect  to  obey  said  order  shall  be  a  misdemeanor  punishable 
as  herein  provided.  The  board  may  also,  by  its  officers  and  employes, 
remove,  abate,  suspend,  alter,  or  otherwise  improve  or  purify  the  same, 
and  certify  the  cost  and  expense  thereof  to  the  county  auditor,  to  be 
assessed  against  the  property,  and,  thereby  made  a  lien  upon  the  same, 
and  collected  as  other  taxes.    (O.  L.,  vol.  go,  March  14,  1893.) 

Sec.  105.  In  all  cases  where  the  order  of  the  Board  of  Health  is 
neglected  or  disregarded,  in  whole  or  in  part,  the  board  may  elect  to 
cause  the  arrest  and  prosecution  of  the  person  or  persons  offending  as 
herein  provided,  or  may  elect  to  do  and  perform,  by  its  officers  and  em- 
ployes, what  the  offending  parties  should  have  done.  If  the  latter  course 
is  chosen,  before  the  execution  of  the  order  of  the  board  is  begun,  it  shall 
cause  a  citation  to  issue  and  be  served  upon  the  person  or  persons  re- 
sponsible, if  residing  within  the  jurisdiction  of  the  board ;  but  if  not, 
shall  cause  it  to  be  mailed  by  registered  letter  to  said  person,  if  the  address 
is  known  and  can  be  found  by  ordinary  diligence,  and  if  the  address 
cannot  be  found  by  ordinary  diligence,  shall  cause  the  citation  to  be  left 
upon  the  premises,  in  charge  of  any  person  residing  thereon  ;  otherwise 
it  shall  be  posted  conspicuously  thereon.  The  citation  shall  briefly  recite 
the  cause  of  complaint  and  require  the  owner  or  other  person  or  persons 
responsible,  to  appear  before  the  Board  of  Health  at  a  time  and  place 
stated,  or  as  soon  thereafter  as  a  hearing  can  be  had,  and  show  cause,  if 
any,  why  the  board  should  not  proceed  and  furnish  the  material  and  labor 
necessary  to  and  remove  the  cause  and  complaint.  (O.  L.,  vol.  90, 
March  14,  1893.) 

Sec.  106.  If  the  person  or  persons  cited  appear  he  or  they  shall  be 
fully  appraised  of  the  cause  of  complaint  and  given  a  fair  hearing.  The 
board  shall  then  make  such  order  as  it  deems  proper,  and  if  material  or 
labor  is  necessary  to  satisfy  the  order,  and  the  person  or  persons  cited, 
promise,  within  a  definite  and  reasonable  time,  to  furnish  the  same,  the 
board  shall  grant  such  time ;  but  if  no  such  promise  is  made  or  kept  the 


356 


REVISED  ORDINANCES 


board  shall  furnish  the  material  and  labor,  cause  the  work  to  be  done, 
and  certify  the  cost  and  expense  to  the  auditor  of  the  county. 

(If  the  material  and  labor  are  itemized  and  the  statement  is  accom- 
panied by  the  certificate  of  the  president  of  the  board,  attested  by  the 
clerk,  reciting  the  order  of  the  board,  and  that  the  amount  is  correct,  the 
auditor  shall  have  no  discretion,  but  shall  place  the  sum  against  the  prop- 
erty upon  which  the  material  and  labor  wrere  expended,  which  shall,  from 
the  date  of  entry,  be  a  lien  upon  the  property,  and  be  paid  as  other  taxes 
are  paid.    O.  L.,  vol.  90,  March  14,  1893.) 

Sec.  107.  Whoever  violates  any  law,  order  or  regulation  of  the 
Board  of  Health,  or  obstructs  or  interferes  with  the  execution  of  any 
such  order,  or  omits  to  obey  any  such  order,  shall  be  fined  as  heretofore 
provided,  and  pay  all  costs,  or  imprisoned  for  any  time  not  exceeding 
ninety  days,  or  both,  but  no  person  shall  be  imprisoned  under  this  section 
for  the  first  offense,  and  the  prosecution  shall  always  be  as  and  for  a  first 
offense,  unless  the  affidavit  upon  which  the  prosecution  is  instituted  con- 
tains the  allegation  that  the  offense  is  a  second  or  repeated  offense.  (O.  L., 
vol.  90,  March  14.  1893.) 

Sec.  108.  If  violation  of  any  law,  order  or  regulation  of  the  Board  of 
Health,  obstruction,  interference  or  omission  be  by  a  corporation,  it  shall 
forfeit  and  pay  to  the  City  of  Canton,  any  sum  not  exceeding  three  hun- 
dred dollars,  to  be  collected  in  a  civil  action  brought  in  the  name  of  the 
city,  and  any  officer  of  such  corporation  having  authority  over  the  matter, 
and  permitting  such  violation  shall  be  subject  to  fine  or  imprisonment,  or 
both,  as  heretofore  provided. 

(The  judgment  herein  authorized  being  in  a  nature  of  a  penalty,  or 
exemplary  damage,  no  proof  of  actual  damages  shall  be  required,  but  the 
court  or  jury,  finding  other  facts  to  justify  a  recovery,  shall  determine 
the  amount  by  reference  to  all  the  facts,  culpatory,  exculpatory  or  extenu- 
ating, adduced  upon  the  trial.    O.  L.,  vol.  90,  March  14,  1893.) 

Sec.  109.  That  all  rules  and  regulations  of  the  Board  of  Health  in- 
consistent with  the  foregoing  rules,  or  either  of  them,  be  and  the  same 
are  hereby  repealed. 

Sec.  1  10.  That  these  rules  and  regulations  shall  take  effect  and  be 
in  force  from  and  after  the  earliest  period  allowed  by  law. 


BOARD  OF  HEALTH 


357 


Sec.  in.  Any  section  may  be  amended  or  suspended  at  any  regular 
meeting  by  a  majority  vote. 

Passed  December  qth,  1896. 

JAMES  A.  RICE,  President. 

J.  F.  MARC  HAND,  Clerk. 


RULES  AND  REGULATIONS 

Of  the  Board  of  Health  of  the  City  of  Canton  providing  for  the  inspection 
of  dairies,  including  the  cows,  cow  stables,  milk  houses  and  milk 
vessels,  and  preventing  the  sale  of  milk  within  the  limits  of  the  City 
of  Canton  from  dairies  which  have  not  been  inspected. 

Section  1.  Be  it  resolved  by  the  Board  of  Health  of  the  City  of 
Canton,  Ohio,  that  all  persons  intending  to  sell  milk  in  the  City  of  Canton 
must  make  application  to  the  inspector  of  meat  shops  and  dairies  for  the 
inspection  of  his  dairy,  including  the  cows,  cow  stables,  milk  houses  and 
milk  vessels  and  the  food  and  water  supplies  for  animals,  and  for  an 
inspection  of  the  dairies,  including  the  cows,  cow  stables,  milk  houses  and 
milk  vessels,  and  the  food  and  water  supplies  for  animals,  of  all  persons 
from  whom  he  obtains  milk,  and  upon  a  favorable  certificate  from  such 
inspector,  and  depositing  same  with  the  Board  of  Health,  shall  be  entitled 
to  a  certificate  from  the  Board  that  the  person  having  complied  with  the 
rules  of  inspections,  is  entitled  to  the  privilege  of  vending  milk  in  the 
City  of  Canton  during  the  ensuing  year. 

Sec.  2.  No  person  shall  sell  milk  within  the  City  of  Canton  until 
lie  has  exhibited  to  the  inspector  of  meat  shops  and  dairies  his  cows  and 
stables  and  milk  houses  and  milk  vessels,  and  the  food  and  water  supplies 
for  all  animals  of  all  persons  from  whom  he  obtains  milk,  and  received 
from  said  Board  a  certificate  showing  that  the  cows  are  healthy,  and  the 
stables,  food  and  appliances  are  in  good  sanitary  condition,  which  cer- 
tificate shall  be  posted  up  conspicuously  in  his  stand,  wagon  or  other 
vehicle,  or,  in  case  of  personal  delivery,  otherwise  to  be  exhibited  on  de- 
mand. Any  addition  of  non-inspected  cows  to  be  the  herd  of  any  dealer 
shall  be  reported  to  said  inspector  within  ten  days.  No  person  shall  re- 
ceive, sell,  or  offer  for  sale,  the  milk  of  any  cow  condemned  at  any  in- 
spection until  such  condemnation  is  removed  on  subsequent  inspection, 


358 


REVISED  ORDINANCES 


and  this  shown  by  a  certificate  in  writing,  made  and  signed  by  the  in- 
spector and  deposited  with  the  Board  of  Health. 

Sec.  3.  No  person  having  an  infectious  disease,  or  having  recently 
been  in  contact  with  any  person,  shall  milk  cows  or  handle  cans,  measures, 
or  other  vessels  used  for  milk  intended  for  sale,  or  in  any  way  take  part 
or  assist  in  handling  milk  intended  for  sale  until  all  danger  of  com- 
municating such  disease  to  other  persons  shall  have  passed.  No  person 
shall  sell  or  use  for  human  food  the  milk  of  a  diseased  cow,  or  permit  bitch 
milk  to  be  mixed  with  other  milk. 

Sec.  4.  Any  person  violating  any  of  the  provisions  of  the  foregoing 
rules  and  regulations,  or  failing  to  comply  with  any  of  the  duties  herein 
imposed,  shall,  upon  conviction  before  the  Mayor,  be  fined  in  any  sum 
not  less  than  two  dollars  ($2.00)  nor  more  than  ten  dollars  (10.00)  for 
each  offense. 

Sec.  5.    These  rules  and  regulations,  shall  take  effect  and  be  in  force 
from  and  after  their  passage  and  legal  publication. 
Passed  July  5th,  1898. 

J.  A.  RICE, 

Attest :  President  of  the  Board. 

J.  F.  MARCHAND,  Clerk. 


RULES  AND  REGULATIONS 

Of  the  Board  of  Health  of  the  City  of  Canton,  Ohio,  providing  for  the 
appointment  of  an  inspector  of  foods,  slaughter  houses,  meat  shops 
and  dairies,  and  defining  his  duties  and  fixing  his  compensation. 

Section  1.  Be  it  resolved  by  the  Board  of  Health  of  the  City  of  Can- 
ton, Ohio,  that  the  office  of  inspector  of  meat  shops  and  dairies  be  and  is 
hereby  created,  and  said  Board  shall,  at  its  first  regular  meeting  after 
these  rules  shall  have  been  adopted  and  published  according  to  law,  and 
at  their  regular  meeting  in  the  month  of  March  in  each  year  thereafter, 
appoint  some  suitable  person,  skilled  in  the  treatment  and  diseases  of 
animals,  as  inspector  of  meat  shops  and  dairies,  who  shall  hold  office  for 
one  year  and  until  his  successor  is  appointed  and  qualified. 

See.  2.  Said  inspector  shall  forthwith,  upon  his  appointment,  and 
from  time  to  time  thereafter,  as  may  be  deemed  necessary,  make  an  in- 


BOARD  OF  HEALTH 


359 


spection  of  all  meat  shops  and  markets  and  other  places  where  fresh 
meats  are  kept  and  offered  for  sale,  having  special  reference  to  the  sani- 
tary condition  of  such  places,  and  the  fitness  of  the  meat  therein  for 
human  food.  Said  inspector  shall  make  such  additional  inspections  as  the 
Board  of  Health  may  order. 

Sec.  3.  It  shall  also  be  the  duty  of  said  inspector,  when  requested, 
to  inspect  all  dairies,  including-  cows,  cow  stables,  milk  houses  and  milk 
vessels,  the  owners  of  which  offer  for  sale  within  the  limits  of  the  City  of 
Canton,  any  milk  from  such  dairies,  and  to  make  and  sign  such  certifi- 
cates as  provided  for  by  the  rules  of  the  Board  of  Health. 

Sec.  4.  Said  inspector  shall  make  and  keep,  for  public  inspection, 
a  full,  accurate  and  complete  record  of  all  places  and  dairies  inspected, 
the  time  when  such  inspection  was  made  and  the  condition  of  same.  He 
shall  also  perform  such  duties,  and  have  such  power  as  is  provided  for 
the  inspector  of  provisions  in  section  91  to  95  inclusive,  of  the  Rules  and 
Regulations  of  the  Board  of  Health,  and  such  other  duties  as  may  from 
time  to  tim.e  be  required  of  him  by  the  Board. 

Sec.  5.  For  inspecting  dairies  the  inspector  shall  be  entitled  to  de- 
mand and  receive  from  the  person  for  whose  benefit  such  inspection  is 
made,  before  granting  a  certificate  of  such  inspection,  the  sum  of  25 
cents  for  each  cow  inspected,  and  the  additional  sum  of  50  cents  for  in- 
specting the  stables,  milk  houses  and  appliances  and  making  certificate. 
In  addition  to  the  above  fees,  said  inspector  shall  receive  the  sum  of 
$30.00  per  month,  payable  monthly  out  of  the  City  Treasury. 

Sec.  6.  These  Rules  and  Regulations  shall  take  effect  and  be  in  force 
from  and  after  their  passage  and  legal  publication. 

Passed  July  5th,  1898. 

J.  A.  RICE, 

Attest :  President  of  the  Board. 

J.  F.  MARCHAND,  Clerk. 


360 


REVISED  ORDINANCES 


RULES  AND  REGULATIONS 

Of  the  Board  of  Health  preventing  the  use,  by  milk  dealers  and  bakers, 
of  checks  or  tickets  made  of  paper  or  card-board. 

Section  i.  Be  it  resolved  by  the  Board  of  Health  of  the  City  of  Can- 
ton, Ohio,  that  it  shall  be  unlawful  for  any  person  engaged  in  the  sale 
of  milk,  bread  or  cakes  by  retail  within  the  limits  of  the  City  of  Canton, 
Ohio,  to  use  or  have  in  his  possession  for  use  any  checks  or  tickets  made 
or  composed  in  whole  or  in  part  of  paper  or  card-board,  except  such 
tickets  as  are  non-interchangeable  or  punch  tickets,  and  all  checks  or 
tickets,  except  such  non-interchangeable  or  punch  tickets,  used  or  in- 
tended to  be  used  by  such  dealers  in  milk,  bread  or  cakes,  shall  be  made 
and  composed  of  metal,  and  of  no  other  material. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  section  one, 
shall,  upon  conviction  before  the  Mayor,  be  fined  in  any  sum  not  exceed- 
ing Ten  ($10.00)  Dollars  and  pay  the  costs  of  prosecution. 

Sec.  3.  This  rule  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  legal  publication. 

Passed  April  13th,  1898. 

JAS.  A.  RICE, 

Attest :  President  of  the  Board. 

J.  F.  MARCHANP,  Clerk. 


RULES  AND  REGULATIONS 

Of  the  Board  of  Health  of  the  City  of  Canton,  Ohio,  to  amend  section 
5  of  the  rules  and  regulations  of  said  board  entitled  "Rules  and  regu- 
lations of  the  Board  of  Health  of  the  City  of  Canton,  Ohio,  providing 
for  the  appointment  of  an  inspector  of  foods,  slaughter  houses,  meat 
shops  and  dairies,  and  defining  his  duties  and  fixing  his  compensa- 
tion," passed  July  5th  1898. 

Section  1.  Be  it  resolved  by  the  Board  of  Health  of  the  City  of 
Canton,  Ohio,  that  section  5  of  the  Rules  and  Regulations  of  the  Board 
of  Health  of  the  City  of  Canton,  Ohio,  entitled  "Rules  and  Regulations 
of  the  Board  of  Health  of  the  City  of  Canton,  Ohio,  providing  for  the 


BOARD  OF  HEALTH 


361 


appointment  of  an  inspector  of  foods,  slaughter  houses,  meat  shops  and 
dairies,  and  defining  his  duties  and  fixing  his  compensation,"  passed 
July  5th,  1898,  be  and  the  same  is  hereby  amended  to  read  as  follows: 

Sec.  5.  For  the  performance  of  the  duties  hereinbefore  provided, 
and  such  other  duties  as  may  devolve  upon  him  as  such  officer,  said  in- 
spector shall  receive  the  sum  of  $50  per  month,  payable  monthly  out  of 
the  City  treasury. 

Sec.  2.  That  said  original  section  5  of  said  rules  be  and  the  same  is 
hereby  repealed. 

Sec.  3.    These  rules  and  regulations  shall  take  effect  and  be  in  force 
from  and  after  their  passage  and  legal  publication. 
Passed  December  13th,  1898. 

JAMES  A.  RICE, 
Attest :  President  of  the  Board. 

J.  F.  MARCHAND,  Clerk. 


RULES  AND  REGULATIONS 

Of  the  Board  of  Health  of  the  City  of  Canton,  Ohio,  to  amend  section 
96  of  the  Code  of  Health  laws  passed  and  adopted  by  the  Board  of 
Health  of  the  City  of  Canton,  December  9th,  1896. 

Be  it  resolved  by  the  Board  of  Health  of  the  City  of  Canton,  Ohio, 
as  follows : 

Section  1 .  That  section  97  of  the  code  of  health  laws,  .passed  and 
adopted  by  the  Board  of  Health  of  Canton,  Ohio,  December  9th,  1896.. 
be  and  the  same  is  hereby  amended  to  read  as  follows  : 

Sec.  97.  Before  obtaining  such  permit,  and  before  the  Board  ot 
Health  shall  be  required  to  grant  the  same,  the  applicant  shall  exhibit  to 
said  Board  of  Health  a  certificate  in  writing  signed  by  the  inspector  of 
Meat  shops  and  dairies,  showing  that  the  dairy,  including  the  cows,  cow 
stables,  milk  houses  and  milk  vessels,  and  the  food  and  water  supplied 
for  animals,  of  such  applicant  and  of  all  persons  from  whom  he  purchases 
milk  has  been  inspected  by  said  inspector  and  approved  by  him;  and 
said  applicant  shall  also  submit  to  said  board  in  writing,  a  statement 
setting  out:  First,  his  name  and  place  of  business;  second,  the  number 
of  cows,  if  any,  owned  by  him:  third,  the  name  and  place  of  business  of 


362 


REVISED  ORDINANCES 


any  and  all  persons  from  whom  he  purchases  milk ;  fourth,  the  daily 
amount  of  milk  purchased  and  the  daily  amount  sold  by  him,  as  near  as 
he  can  estimate ;  fifth,  he  shall  number  his  wagon,  which  number  he  shall 
receive  from  the  milk  inspector,  and  said  number  shall  be  not  less  than 
four  inches  in  size,  and  shall  be  on  both  sides  of  the  wagon. 

'Sec.  2.  That  said  original  section  qi6  of  the  code  of  health  laws 
passed  and  adopted  by  the  Board  of  Health  of  Canton,  Ohio,  December 
9th,  1896,  be  and  the  same  is  hereby  repealed. 

Sec.  3.  These  rules  and  regulations  shall  take  effect  and  be  in  force 
from  and  after  their  passage  and  legal  publication. 

Passed  September  14,  1898. 

JAMES  A.  RICE, 
Attest:  President  of  the  Board. 

J.  F.  MARCHAND,  Clerk. 


RULES  AND  REGULATIONS 

Of  the  Board  of  Health  of  the  City  of  Canton,  authorizing  the  milk  in- 
spector to  issue  permits  for  the  sale  of  milk  within  the  limits  of  the 
City  of  Canton,  Ohio,  and  to  fix  the  fee  to  be  charged  therefor. 

Be  it  resolved  by  the  Board  of  Health  of  the  City  of  Canton,  Ohio, 
as  follows : 

Section  j.  That  the  milk  inspector  appointed  by  the  Board  of 
Health  of  the  City  of  Canton,  Ohio,  be  and  he  is  hereby  authorized  for 
and  on  behalf  of  the  Board  of  Health  of  said  city  to  issue  permits  for 
the  sale  of  milk  within  the  limits'  of  the  City  of  Canton,  Ohio,  upon  there 
being  filed  with  him  the  certificate  and  statements  provided  for  in  section 
96  of  the  Code  of  Health  laws  adopted  by  said  Board,  as  amended  Sep- 
tember 14,  1898,  and  for  the  issuing  of  such  permit  he  shall  be  entitled 
to  charge  and  receive  from  the  person  applying  for  the  same,  before  such 
permit  is  issued,  the  sum  of  Two  ($2.00)  dollars. 

See.  2.  These  rules  and  regulations  shall  take  effect  and  be  in  force 
from  and  after  their  passage  and  legal  publication. 

Passed  January  3,  [899. 

ED.  SEXAUER, 

Attest:  Nice- President  of  the  Board. 

J.  K.  MARCHAND,  Clerk. 


BOARD  OF  HEALTH 


363 


RULES  AND  REGULATIONS. 

Be  it  resolved  by  the  Board  of  Health  of  the  City  of  Canton,  Ohio, 
as  follows : 

Section  I.  That  within  thirty  (30)  days  from  the  passage  and  legal 
publication  of  these  orders  and  regulations,  all  persons,  firms  and  corpor- 
ations owning  or  controlling  lots  or  premises  in  the  City  of  Canton,  Ohio, 
which  abut  upon  streets,  alleys  or  public  grounds  in  said  city,  which 
streets,  alleys  or  public  grounds  are  provided  with  proper  sewerage  ac- 
commodations with  which  the  building  or  buildings  upon  said  lots  or 
premises  can  be  connected,  shall  cause  sewers  or  drains  to  be  constructed 
connecting  said  building  or  buildings  with  such  sewers,  and  all  persons, 
firms  or  corporations  who  are  now  or  hereafter  may  be  the  owners  of  lots 
or  premises  within  said  City  of  Canton,  which  abut  upon  any  street, 
alley  or  public  ground,  which  street,  alley  or  public  ground  may  here- 
after be  provided  with  proper  sewage  accommodations,  with  which  the 
same  can  be  connected,  shall  cause  sewers  or  drains  to  be  constructed, 
connecting  said  building  or  buildings  situated  upon  said  premises  with 
such  sewers  within  thirty  days  from  and  after  the  completion  of  the 
same,  and  it  is  hereby  made  and  declared  to  be  unlawful  to  use  any  cess- 
pool, vault  or  other  receptacle  for  the  disposal  of  sewage  upon  any  such 
lot  or  premises  after  the  expiration  of  the  period  of  time  hereinbefore 
stated  for  making  such  connections,  and  said  cess-pools,  vaults  or  other 
receptacles  shall  be  cleaned  out  and  filled  up  under  the  direction  of  the 
Health  Officer. 

Sec.  2.  Whoever  shall  violate  or  fail  to  comply  with  any  of  the  pro- 
visions of  section  1,  except  where  another  penalty  is  specially  provided, 
shall,  upon  conviction  thereof,  be  fined  not  less  than  Five  Dollars  ($5.00) 
nor  more  than  Twenty-five  ($25.00)  and  costs  of  prosecution. 

Sec.  3.  That  certain  orders  and  regulations  of  the  Board  of  Health, 
passed  September  14th,  1898,  entitled  "Orders  and  Regulations  govern- 
ing the  connections  with  main  and  lateral  sewers  from  buildings  situated 
upon  lots  or  premises  which  now  abut  or  may  hereafter  abut  upon  any 
street,  alley  or  public  ground  provided  with  proper  sewer  accommoda- 
tions with  which  the  same  can  be  connected,  and  to  repeal  certain  Rules 
and  Regulations  therein  stated,"  be  and  the  same  are  hereby  repealed. 


364 


REVISED  ORDINANCES 


Sec.  4.   These  Orders  and  Regulations  shall  take  effect  and  be  in  force 
from  and  after  their  passage  and  legal  publication. 
Passed  April  2nd,  1901. 


RULES  AND  REGULATIONS 

Of  the  Board  of  Health  of  the  City  of  Canton,  Ohio,  preventing  the  plac- 
ing of  manure  within  30  feet  of  any  dwelling. 

Be  it  resolved  by  the  Board  of  Health  of  the  City  of  Canton,  Ohio, 
as  follows : 

Section  r.  That  it  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion owning,  controlling  or  occupying  any  barn  or  stable  to  place  or 
cause  or  permit  to  be  placed,  or  the  same  being  now  so  placed,  permit 
to  remain  any  manure  from  such  barn  or  stable  on  any  lot,  ground,  street 
or  alley  nearer  than  30  feet  to  any  house  or  building  used  and  occupied 
as  a  dwelling  house. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  the  foregoing 
section  shall,  on  conviction  thereof  before  the  Mayor,  be  fined  in  any  sum 
not  more  than  $25.00  nor  less  than  $5.00  and  pay  the  costs  of  prosecution. 

Sec.  3.  These  rules  and  regulations  shall  take  effect  and  be  in  force 
from  and  after  their  passage  and  legal  publication. 

Passed  September  14th,  1898. 

JAMES  A.  RICE. 
J.  F.  MARC  II  AX  I).  Clerk.  President  of  the  Board. 


RESOLVED, 

That  section  37  of  the  Rules  and  Regulations  of  the  Board  of  Health  be 
amended  so  as  to  read  as  follows  : 

Sec.  37.  The  Board  of  Health  shall,  on  the  first  meeting  in  February, 
[899,  and  biennially  thereafter  on  the  first  meeting  in  February,  or  soon 
thereafter,  elect  the  following  officers  to  serve  for  two  (2)  years,  or  until 
their  successors  are  elected.  (  )ne  person,  a  practicing  physician,  to 
serve  as  Health  Officer,  one  person  to  serve  as  City  Physician,  one  per- 
son to  serve  as  Clerk  of  Board  of  Health,  one  or  more  persons  to  serve 
as  Sanitary  Police,  one  person  to  serve  as  Milk  Inspector,  and  one  person 
to  serve  as  Inspector  of  Meat  Shops,  Slaughter  Houses  and  Dairies,  any 
two  of  said  offices  may  be  combined  and  held  by  one  person. 

Passed  February  7th,  \X<><>- 

J.  A.  RICE, 

J.  F.  MARCH. WD,  Clerk.  President  Board  of  Health. 


BOARD  OF  HEALTH — PLUMBING 


365 


RULES  AND  REGULATIONS 

FOR  THE 

CONSTRUCTION  OF  PLUMBING 


Adopted  by  the  Board  of  Health  of  Canton,  Ohio,  March  7,  1899. 


Section  1.  No  person  shall  attempt  or  undertake  to  construct,  build, 
install  or  repair  any  house  drainage  or  to  tap  any  sewer  within  the  City 
of  Canton,  Ohio,  either  for  his  own  account  of  for  any  other  person  or 
persons,  co-partnership  or  corporation,  unless  such  person  or  persons 
shall  have  first  obtained  a  license  from  the  Board  of  Health  of  said  city 
as  a  regularly  licensed  plumber.  Such  license  shall  be  issued  onlv  after 
said  person  shall  have  satisfied  said  board  as  to  his  proper  qualifications; 
any  any  such  person  holding  such  permit,  shall  forfeit  the  same,  by  fail- 
ure to  comply  with  any  of  the  rules  or  regulations  covering  the  con- 
struction, installing  or  repair  of  house  drainage  or  sewer  tapping  adopted 
by  said  board,  providing  that  nothing  in  the  section  contained  shall  be 
construed  as  preventing  any  property  owner  or  tenant  who  may  not  have 
the  license  herein  mentioned  from  cleaning  or  placing  washers  upon  any 
drain  pipe. 

Sec.  2.  Any  such  person  desiring  to  engage  in  such  business  of  con- 
structing or  repairing  house  drainage,  or  making  connections  with  any 
sewer  drain,  soil  or  waste  pipe,  or  any  pipe  connected  therewith  in  such 
city,  shall  make  application  for  a  license  and  shall  appear  in  person  at  the 
office  of  the  Board  of  Health  and  register  his  name  and  business  address, 
and  no  person  other  than  a  duly  registered  plumber  shall  be  allowed  to 
construct  or  repair  any  house  drainage,  or  to  tap  any  sewer  drain,  soil 
or  waste  pipe,  or  any  pipe  connected  therewith  within  the  City  of  Canton. 
A  Board  of  Examiners  whose  duty  it  shall  be  to  examine  into  the  quali- 


366 


REVISED  ORDINANCES 


fications  of  all  persons  who  apply  for  such  license  hereunder,  is  hereby 
constituted,  the  same  to  consist  of  the  President  of  the  Board  of  Health, 
and  four  (4)  practical  plumbers  (there  being  no  inspector  of  buildings  in 
said  city)  two  of  said  plumbers  shall  be  master  plumbers,  and  two  shall 
be  journeymen  plumbers.  The  President  of  the  Board  of  Health  shall 
be  a  member  of  said  board  ex-officio  and  all  of  the  members  of  said 
board  shall  serve  without  compensation.  Said  members  shall  be  ap- 
pointed by  the  Board  of  Health.  The  first  board  constituted  hereunder 
shall  be  appointed  by  the  Board  of  Health  at  its  first  session  after  the 
legal  passage  and  publication  hereof,  which  said  board  shall  serve  until 
the  first  day  of  August  following,  and  thereafter  the  members  of  said 
Board  of  Examiners  shall  be  appointed  annually  on  or  before  the  first 
day  of  August  of  each  year;  said  appointments  to  date  from  August  1st  in 
each  such  year,  each  appointment  to  be  for  the  term  of  one  year.  Said  board 
of  examiners  shall  meet  and  organize  as  required  by  law,  and  shall  perform 
all  duties  required  of  such  boards  by  law,  ordinance  or  resolution  of  the 
Board  of  Health. 

Sec.  3.  Any  person,  co-partnership  or  corporation  making  applica- 
tion for  a  license  to  operate  a  plumbing  business  shall  accompany  his  01 
its  application  with  a  bond,  signed  by  two  or  more  sureties,  to  be  approved 
by  the  Board  of  Health  in  the  sum  of  $5,000  conditioned  that  he  or  it  will 
employ  only  regularly  licensed  plumbers  in  the  construction,  building, 
installing  or  repairing  of  any  house  drainage,  or  in  tapping  any  sewer 
within  the  City  of  Canton,  Ohio,  and  that  he  or  it  will  indemnify  and 
save  harmless  said  city  from  all  accident  and  damage  caused  by  the  negli- 
gence in  the  performance  of  his  or  its  work  in  such  plumbing  business, 
of  for  any  unfaithfulness  or  inadequate  work  done  by  him  or  it  under 
and  by  virtue  of  his  or  its  said  license,  and  that  he  or  it  will  conform  in 
all  work  done  by  him  or  it  under  such  license  to  all  the  conditions  and  re- 
quirements of  said  City  of  Canton  for  his  or  its  government. 

Sec.  4.  The  inspector  who  is  duly  appointed  as  provided  by  these 
rules  and  regulations  or  existing  laws  and  ordinances  shall  have  authority 
and  power,  whenever  in  his  opinion  any  plumber  or  sewer  tapper,  violates 
any  provision,  rule  or  regulation  of  the  ordinances  of  said  City  of  Canton, 
to  suspend  said  license;  and  it  shall  be  the  duty  of  the  officer  making 
such  order  of  suspension  to  report  the  same  to  the  Board  of  Health;  and 


BOARD  OF  HEALTH — PLUMBING 


367 


if  the  said  Board  shall  be  of  the  opinion  that  the  charges  are  well  founded 
they  shall  revoke  said  license. 

Sec.  5.  It  shall  be  the  duty  of  the  owner,  architect  or  other  duly 
authorized  person,  when  desired  by  the  plumbing  inspector,  to  furnish  a 
plan  that  shall  show  the  entire  system  of  plumbing  and  sewerage  of  a 
building,  which  shall  be  approved  by  said  inspector  before  any  part  of  the 
work  shall  be  executed,  and  every  plumber  or  sewer  tapper,  before  doing 
any  part  of  the  work  in  a  building,  shall,  except  in  case  of  repair,  receive 
a  certificate  from  said  inspector  that  the  plans  and  specifications  prepared 
by  the  architect  or  owner  for  such  work  have  been  approved  by  said  in- 
spector, and  are  in  accordance  with  these  rules  and  regulations.  Plumb- 
ing work  which  does  not  add  additional  fixtures  or  cause  the  entire  re- 
newing or  remodeling  of  any  soil  or  waste  pipes,  or  changing  of  the  system 
of  using  such  pipes,  shall  be  considered  a  repair. 

Sec.  6.  All  materials  must  be  of  good  quality  and  free  from  any 
defect.  The  work  must  be  executed  in  a  thorough  and  workmanlike 
manner.  The  arrangement  of  soil  and  waste  pipes  must  be  as  direct  as 
possible. 

,Sec.  7.  The  drain,  soil  and  waste  pipes  and  the  traps  must,  if  prac- 
ticable, be  exposed  to  view  for  ready  inspection  at  all  times  and  for  con- 
venience in  repairing.  When  necessarily  placed  within  partitions  or  re- 
cesses of  walls,  soil  and  waste  pipes  should  be  covered  with  wood  work 
so  fastened  with  screws  as  to  be  readily  removed ;  in  no  case  shall  they 
be  absolutely  inaccessible.  It  is  recommended  to  place  soil  and  other 
vertical  pipes  in  a  special  shaft  adjacent  to  the  water  closets  and  bath 
room,  and  serving  as  a  ventilating  shaft  for  them.  This  shaft  should  be 
at  least  2  1-2  feet  square.  It  should  extend  from  the  cellar  through  the 
roof  should  be  coverel  by  a  louvard  skylight.  It  should  be  accessible 
at  every  story,  and  should  have  a  very  open  but  strong  grating  at  each 
floor  to  stand  upon.  Shafts  not  less  than  three  feet  square  in  area  are 
required  in  tenement  houses  to  ventilate  interior  water  closets. 

Sec.  8.  Every  building  should  be  separately  connected  with  the 
public  sewer  when  such  sewer  is  provided  and  abuts  said  building  on 
street,  avenue  or  alley,  the  same  to  be  accessible  to  said  building.  The 
said  line  of  sewer  may  be  laid  by  a  licensed  sewer  tapper  to  a  point  not 
nearer  than  three  feet  to  outside  foundation  of  building;  all  connections 
must  be  made  by  a  properly  licensed  plumber. 


368 


REVISED  ORDINANCES 


Sec.  9.    Drains  shall  have  a  fall  of  not  less  than  1-8  inch  per  foot. 

Sec.  10.  No  connection  from  any  cesspool  or  privy  vault  shall  be 
made  to  any  sewer,  nor  shall  any  water  closet  or  house  drainage  empty 
into  a  cesspool  or  privy  vault  where  a  sewer  is  accessible.  If  at  any  time 
the  City  of  Canton  shall  construct  a  sewer  which  is  accessible  to  abutting 
property,  all  systems  of  drainage  shall  be  connected  to  the  same  within 
a  period  not  exceeding  ninety  days ;  and  all  special  permits  for  vaults, 
cesspools  or  any  other  system  of  drainage  shall  become  null  and  void, 
and  the  building  shall  be  subject  to  these  rules  and  regulations  to  their 
full  extent  and  meaning. 

Sec.  11.  The  house  drain  must  be  of  extra  heavy  cast  iron  pipe  when 
within  a  building  under  ground.  It  must  be  laid  in  a  straight  line,  if 
possible,  and  all  changes  in  direction  must  be  made  with  curved  pipes, 
and  all  connections  with  Y  branch  pipes,  and  one-eighth  bends  or  sani- 
tary tees.  When  water  closets  discharge  into  it,  the  house  drain  shall  be 
four  inches  in  diameter. 

Sec.  12.  All  house  drains  must  be  inspected  and  approved  by  the 
inspector ;  and  when  put  in  and  covered,  without  due  notice  to  him,  must 
be  uncovered  for  inspection  at  his  direction.  All  notifications  of  this 
nature  must  be  in  writing,  specifying  the  plan  and  house  number. 

Sec.  13.  Slop  sinks  may  be  used  in  floor  or  cellars,  provided  they 
are  placed  above  a  trap  not  less  than  four  inches  in  diameter,  and  with 
not  less  than  three  inches  of  seal,  and  a  tight  connection  made  thereto ; 
also  said  trap  must  be  so  placed  as  to  be  frequently  supplied  with  clean 
water  to  prevent  same  from  drying  out,  and  to  be  so  located  that  it  will 
not  become  choked  with  slacked  coal  or  any  other  substances  which  are 
likely  to  collect  in  a  cellar. 

Sec.  14.  Every  soil  and  waste  pipe  must  be  of  cast  iron,  lead,  cop- 
per or  brass,  and  where  it  receives  the  discharge  of  the  fixtures  upon  anj 
floor  for  water  closets  or  waste  water  must  extend  two'  feet  above  roof  or 
lop  of  highest  window  of  undiminished  size;  also  said  pipe  when  in  an 
extension  or  low  part  of  building  must  extend  above  the  roof  of  main 
building,  when  otherwise  it  would  Open  within  fifteen  feet  of  the  windows 
or  air  shaft,  or  the  adjoining  building.  Said  pipes  in  no  case  to  be  less 
thai!  four  inches  in  diameter  above  roof.  Where  pipe  passes  through  roof, 
roof  shall  be  made  water  tight. 


BOARD  OF  HEALTH — PLUMBING 


369 


Sec.  15.  The  minimum  diameter  of  soil  pipes  for  water  closets  shall 
be  four  inches.  A  vertical  waste  pipe,  into  which  a  line  of  kitchen  sinks 
discharge  shall  be  at  least  two  inches  in  diameter,  with  1  1-2  inch  branches 
to  fixtures. 

Sec.  16.  All  cast  iron  pipes  must  be  sound,  free  from  holes  or  other 
defects,  and  of  uniform  thickness  of  not  less  than  1-8  inch  for  a  diameter 
of  2,  3  or  4  inches,  or  5-32  inch  for  a  diameter  of  5  or  6  inches ;  and  in  case 
the  building  is  over  65  feet  in  height  above  the  curb,  the  use  of  what  is 
known  as  "extra  heavy"  pipe  and  corresponding  fittings  shall  be  required. 

Sec.  17.  Traps  should  be  protected  from  siphonage  or  air  pressure, 
and  the  waste  pipe  leading  from  them  ventilated  by  a  special  air  pipe,  in 
no  case  less  than  two  inches  in  diameter  for  water  closet  traps,  and  1  1-2 
inch  for  other  traps ;  and  ventilation  pipes  less  than  four  inches  in  diam- 
eter must  not  be  carried  up  outside  the  building.  In  buildings  more  than 
four  stories  in  height  the  vertical  vent  pipes  for  water  closets  must  be  at 
least  three  inches  in  diameter,  with  a  two  inch  branch  for  each  trap,  and 
for  traps  or  other  fixtures  not  less  than  two  inches  in  diameter,  with 
branches  1  1-2  inches  in  diameter,  unless  the  trap  is  smaller,  in  which  case 
the  diameter  of  branch  vent  pipes  must  be  at  least  equal  tO'  the  diameter 
of  the  trap.  In  all  cases  vertical  vent  pipes  must  be  of  cast  iron,  galvan- 
ized iron,  brass  or  lead;  and  only  one  pipe  may  be  vented  off  1  1-4  inch 
pipe.  These  pipes  must  either  extend  two  feet  above  the  highest  part  of 
the  roof  or  coping,  the  extension  to  be  not  less  than  four  inches  in  dia- 
meter, or  they  may  be  branched  into  a  soil  pipe  not  less  than  four  feet 
above  the  highest  fixtures.  They  may  be  combined  by  branching  to- 
gether those  which  serve  several  traps.  These  air  pipes  must  always  have 
a  continuous  slope  to  avoid  collecting  water  by  condensation.  No  trap 
vent  pipe  shall  be  used  at  a  waste  or  soil  pipe.  Galvanized  iron,  brass, 
copper  or  lead  waste  vent  pipes  may  be  used.  Changes  in  direction  in 
iron  pipes  shall  be  made  with  curved  pipes,  and  connections  with  hori- 
zontal pipes  shall  be  made  with  Y  branches  or  sanitary  T's.  No  brick, 
sheet  metal,  earthenware  or  chimney  flue  shall  be  used  as  a  sewer  ven- 
tilator, nor  to  ventilate  any  trap,  drain,  soil  or  waste  pipe. 

Sec.  18.  Every  wash  basin,  bath  tub,  sink,  urinal,  water  closet  or 
other  fixture  connected  with  the  sewer  pipe  of  any  building  shall  be 
separately  trapped  as  close  to  the  fixtures  as  possible.   Water  sealing  traps 


370 


REVISED  ORDINANCES 


EXTRA  HEAVY. 

  5%  pounds  per  foot. 

  dy2  pounds  per  foot. 

 13     pounds  per  foot. 

 17     pounds  per  foot. 

 20     pounds  per  foot. 

 33     pounds  per  foot. 

 45     pounds  per  foot. 

 54     pounds  per  foot. 


of  any  pattern  shall  be  used  when  separate  air  pipe  connections  from  the 
top  of  the  same  are  provided.  When  separate  air  pipe  connections  are 
not  provided,  traps  which  will  not  unseal  must  be  used.  A  trap  will  be 
considered  as  unsealed  if,  when  siphoned,  it  shows  a  water  seal  less  than 
three-quarters  of  an  inch  in  depth.  This  rule  does  not  apply  to*  traps  of 
water  closets. 

Sec.  19.  All  cast  iron  soil,  waste  or  vent  pipes,  before  they  are  con- 
nected, must  be  thoroughly  coated  inside  and  outside  with  coal  tar  pitch, 
applied  hot,  or  some  equivalent  substance. 

Sec.  20.  All  drain  and  anti-siphon  pipes  of  cast  iron  shall  be  sound, 
free  from  holes,  and  of  a  uniform  thickness,  and  shall  conform  to  the 
following  relative  weight : 


STANDARD. 

2  pipe   4  pounds  per  foot. 

3  pipe   6  pounds  per  foot. 

4  pipe   9  pounds  per  foot. 

5  pipe  12  pounds  per  foot. 

6  pipe  15  pounds  per  foot. 

8  pipe  25  pounds  per  foot. 

10  pipe  35  pounds  per  foot. 

12  pipe  45  pounds  per  foot. 


2  pipe, 

3  pipe 

4  pipe 

5  pipe. 

6  pipe 
8  pipe. 

10  pipe 
12  pipe. 


All  fittings  for  soil,  waste  or  vent  pipes  must  be  of  cast  iron  or  cor- 
responding weights  and  conditions  as  above  mentioned  for  soil  pipes. 
Where  lead  pipe  is  used  to  connect  fixtures  with  vertical  soil  or  waste 
pipes,  or  connect  traps  with  vertical  vent  pipes,  it  must  not  be  lighter  than 
the  grade  called  "extra  light." 

Sec.  21.  There  shall  be  no  traps  or  main  vertical  soil  or  waste  pipes. 
All  connections  of  lead  with  iron  pipes  must  be  made  with  an  approved 
sleeve  or  ferrule  of  the  same  size  as  the  lead  pipe,  put  in  the  hub  of  the 
branch  of  the  iron  pipe  and  caulked  with  lead.  The  lead  pipe  must  be 
attached  to  the  ferrule  by  a  wiped  or  overcast  joint. 

An  approved  grease  trap  must  be  used  for  fixtures  passing  much 
grease  in  every  hotel,  restaurant,  eating  house,  or  other  public  cooking 
establishment;  also  at  meat  markets,  slaughter  or  lard-rendering  establish- 
ments, the  grease  trap  should  be  in  a  cool  place. 


BOARD  OF  HEALTH — PLUMBING 


371 


Sec.  22.  All  connections  of  lead  pipe  must  be  wiped  joints.  All 
joints  in  the  iron  drain  pipes,  soil  pipes  and  waste  pipes  must  be  caulked 
with  oakum  and  lead. 

Sec.  23.  Every  water  closet,  urinal,  sink,  basin,  bath,  and  every  tub 
or  set  of  tubs,  must  be  separately  and  effectively  trapped.  Traps  must 
be  placed  as  near  the  fixtures  as  practicable,  and  in  no  case  shall  a  trap 
be  more  than  two  feet  from  the  fixtures,  except  for  outside  hopper  closets. 
In  no  case  shall  the  waste  from  a  bath  tub  or  other  fixture  be  connected 
with  the  water  closet  trap.  Overflow  pipes  from  fixtures  must  in  each 
case  be  connected  on  the  inlet  side  of  the  trap. 

Sec.  24.  Any  person  doing  plumbing  work  within  the  limits  of  the 
City  of  Canton,  Ohio,  shall,  except  in  case  of  repairs  or  leaks,  when  said 
work  be  ready  for  inspection,  file  with  the  inspector  of  plumbing  in  the 
office  of  the  Board  of  Health  of  said  city  a  written  application  for  the 
inspection  of  said  work,  stating  therein  the  location  and  work  to  be  in- 
spected, and  no  such  plumbing  shall  be  used  by  the  owner  thereof  or  any 
other  person  until  same  shall  have  been  inspected  and  approved  by  the 
inspector  of  plumbing  and  house  drainage.  All  soil,  waste  and  vent  pipes 
must  be  tested  by  the  plumber  in  charge,  with  a  water  test,  as  directed  by 
the  inspector,  and  in  the  presence  of  the  inspector,  due  notice  having 
been  given,  stating  place  and  time  when  ready  for  such  inspection,  al) 
openings  haveing  been  closed  by  the  plumber  or  person  in  charge  of  the 
work.  Pipe  joints,  fittings  or  fixtures  thus  shown  to  be  defective  or 
wrongly  placed  must  be  replaced  within  three  days  and  again  tested  by 
the  inspector.  None  of  said  pipes  shall  be  covered  from  sight  till  they 
have  been  shown  to  stand  the  test  prescribed  to  the  satisfaction  of  the 
inspector.  After  the  plumbing  work  of  a  building  has  been  tested  as  di- 
rected, no  alteration  will  be  permitted  except  upon  the  written  applica- 
tion of  the  owner  or  plumber  in  charge  of  the  work.  The  said  inspector 
in  all  cases  shall  respond  promptly.  Notice  must  be  sent  to  the  said  in- 
spector when  work  is  sufficiently  advanced  for  inspection.  No  inspection 
will  be  made  on  legal  holidays. 

Sec.  25.  All  waste  pipes  from  fixtures  other  than  water  closets  must 
be  provided  at  the  outlet  of  such  fixtures  with  strong,  durable  fixed  me- 
tallic strainers  to  exclude  from  such  waste  pipes  all  substances  likely  to 
obstruct  them. 


372 


REVISED  ORDINANCES 


Every  safe  under  a  wash  basin,  bath,  urinal,  water  closet  or  other 
fixture,  if  drained,  must  be  properly  graded  to  and  drained  by  special 
pipe  not  directly  connected  with  the  soil  pipe,  waste  pipe,  drain  or  sewer, 
but  discharge  into  an  open  sink,  upon  the  cellar  floor  or  outside  the  house. 
The  outlets  of  such  pipes  should  be  closed  by  flap  valves. 

The  overflow  pipes  from  water  closet  tanks  or  cisterns  may  discharge 
into  the  water  closet  bowls,  an  open  sink,  or  where  its  discharge  will  at- 
tract attention,  anl  indicate  that  waste  of  water  is  occurring,  but  net  into 
soil  and  waste  pipe,  nor  into  the  drain  or  sewer. 

Rain  water  leaders  must  never  be  used  as  soil,  waste  or  vent  pipes ; 
nor  shall  any  soil,  waste  or  vent  pipe  be  used  as  a  leader. 

No  plug  or  stopper  shall  be  put  in  with  cement  or  any  easily  removed 
substance,  so  that  a  pipe  or  fixture  could  be  connected  by  unauthorized 
persons,  nor  shall  any  opening  be  left  for  such  a  purpose. 

The  waste  pipe  from  a  refrigerator  shall  not  be  directly  connected 
with  the  soil  or  waste  pipe,  or  with  the  drain  or  sewer,  or  discharge  into 
the  soil ;  it  should  be  discharged  into  an  open  sink.  Such  waste  pipes 
should  be  so  arranged  as  to  admit  of  frequent  flushing  and  should  be  short 
as  possible  and  disconnected  from  refrigerator.  The  sediment  pipe  from 
kitchen  boilers  must  be  connected  on  the  inlet  side  of  the  sink  trap  if 
connected  to  waste  pipe.  Waste  tubes  from  stop  cocks  shall  not  be  con- 
nected to  any  soil  or  waste  pipe.  No  steam  exhaust  or  blow-off  pipe  from 
a  steam  boiler  will  be  allowed  to  connect  with  any  soil  or  waste  pipe,  or 
directly  with  any  house  drain.  They  should  discharge  into  a  tank  or 
condenser,  the  waste  from  which,  if  to  be  discharged  into  a  sewer  through 
the  house  drain,  must  be  properly  trapped. 

Sec.  26.  All  water  closets  within  a  building  shall  be  supplied  with 
water  from  special  tanks  or  cisterns  which  shall  hold  not  less  than  six 
gallons  of  water  when  up  to  the  level  of  the  overflow  pipe  for  each  closet 
supplied,  excepting  automatic  tanks,  which  shall  hold  not  less  than  five 
gallons  of  water  for  each  closet  supplied.  The  water  in  said  tanks  shall 
not  be  used  for  any  other  purpose.  The  flushing  pipes  of  all  tanks  shall 
not  be  less  than  1  1-4  inches  in  diameter  inside.  A  group  of  closets  may 
be  supplied  from  one  tank,  but  water  closets  on  different  floors  shall  not 
be  flushed  from  one  tank. 

Sec.  27.  No  water  closet,  except  those  placed  in  a  yard  or  open 
court,  shall  be  supplied  directly  from  the  city  supply  pipes.    When  so 


BOARD  OF  HEALTH — PLUMBING 


373 


placed  it  shall  be  so  arranged  as  to  be  conveniently  and  adequately 
flushed,  and  their  water  supply  pipes  and  traps  shall  be  protected  from 
freezing.  The  waste  water  from  the  hopper  cock  or  valve  shall  be  con- 
veyed to  the  drain  through  a  3-8  inch  brass  or  lead  pipe  properly  con- 
nected. The  enclosure  where  such  water  pipe  is  located  shall  be  ven- 
tilated by  slatted  openings  or  vents  through  roofs  of  adequate  size. 

Sec.  28.  Water  closets  must  not  be  located  in  the  sleeping  apart- 
ments of  any  building,  nor  in  any  room  or  apartment  which  has  not  a 
direct  communication  with  the  external  air  either  by  a  window  or  an 
air  shaft,  having  an  area  to  the  open  air  of  at  least  four  square  feet, 
without  obtaining  a  special  permit. 

Sec.  29.  All  water  closets  within  a  building  using  lead  connections 
should  have  a  cast  brass  flange  not  less  than  3-16  inches  in  thickness, 
fitted  with  a  pure  rubber  gasket  of  sufficient  thickness  to  insure  a  tight 
joint,  fastened  to  the  closet  and  secured  to  the  floor. 

Sec.  30.  Where  latrines  are  used  they  shall  be  of  iron,  properly  sup- 
plied with  water,  and  Iocatel  in  yard  at  least  twenty  feet  from  building 
when  practicable. 

-  Sec.  31.  Whenever  any  person,  firm,  corporation,  exposition  com- 
mission or  the  officers  of  said  city  or  village  shall  wish  to  erect  a  public 
building  or  buildings  for  exhibitions,  show  or  other  purposes,  and  desire 
to  use  in  the  same  any  materials  which  do  not  conform  to  the  require- 
ments of  this  act,  the  same  may  be  authorized  by  the  Board  of  Health 
of  said  City  of  Canton,  provided  the  plans  and  specifications  for  the  same 
meet  with  the  approval  of  said  inspector. 

Sec.  32.  The  officers  appointed  under  this  act  (an  act  to  promote 
the  public  health  and  regulate  the  sanitary  construction  of  house  drainage 
and  plumbing,  passed  April  21,  1896,)  shall,  so  far  as  may  be  necessary 
for  the  performance  of  their  respective  duties,  have  the  right  to  enter  any 
building  or  premises  in  said  City  of  Canton. 

Sec.  33.  A  trap  may  be  placed  under  a  fixture  without  a  separate 
vent  pipe,  if  it  wastes  horizontally  into,  and  is  not  over  three  feet  from  a 
vertical  waste  or  soil  pipe  that  passes  through  the  roof;  provided  said 
vertical  pipe  has  no  fixtures  emptying  into  it  above  said  trap  waste. 

Prohibited  Forms  of  Water  Closets  and  Traps.  Pan  Plunger  and 
other  water  closets  having  an  unventilated  space,  or  whose  walls  are  not 
thoroughly  washed  at  each  discharge,  will  not  be  permitted. 


374 


REVISED  ORDINANCES 


Sec.  34.  Wrought  Iron  Pipe.  Wherever  in  these  rules  extra  heavy 
cast  iron  pipe  is  called  for,  wrought  iron  pipe  may  be  submitted,  except 
for  horizontal  drains ;  provided  that  the  fittings  used  with  the  wrought 
iron  pipe  are  especially  made  for  the  purpose  of  ventilation  and  drainage. 
If  wrought  iron  pipe  be  used  for  ventilating  it  must  be  galvanized.  All 
wrought  iron  must  stand  the  same  test  as  is  required  for  cast  iron. 

Sec.  35.  Handholes  for  cleaning  out  the  house  drain  or  its  branches 
or  their  traps,  must  be  provided  with  proper  ferrules  at  least  1-8  inch  thick, 
with  brass  screw  covers  made  gas  tight  by  proper  gaskets.  There  shall  be 
a  Y  branch  with  brass  screw  cleanout  at  the  foot  of  each  vertical  soil  or 
waste  pipe,  where  possible  to  put  same  in. 

Sec.  36.  No  plumber  shall  do  a  portion  of  any  work  required  by 
these  rules  and  leave  the  balance  incomplete,  nor  shall  permits  be  issued 
for  such  work. 

Sec.  37.  All  fittings  for  galvanized  iron  pipe  must  be  galvanized 
iron  or  brass,  and  all  fittings  and  joints  for  lead  pipe  must  be  brass  or 
wiped  joints. 

Sec.  38.  Stop  and  waste  or  gate  valve  with  waste  must  be  used  at 
entrance  of  pipes  into  a  cellar  or  building,  and  also  on  pipes  used  for 
sprinkling.  Stops  must  be  so  placed  that  the  user  can  drain  all  the 
pipes.  All  stops  in  the  ground  must  be  protected  by  brick,  stone  or  iron 
pits,  well  constructed.  No  wooden  pits  will  be  allowed.  All  the  pipes 
must  have  a  continuous  fall  of  not  less  than  one  inch  in  ten  feet. 

Water  pipes  must  be  left  easy  of  future  access ;  no  pipe  being  in- 
closed except  by  panel  screwed  on  and  easily  removed.  The  plumber 
must  see  that  this  is  done,  and  not  leave  it  to  any  one  else  to  look  after. 
A  service  pipe  supplying  more  than  one  dwelling,  or  for  the  use  of  more 
than  one  separate  family  in  a  building,  must  have  a  stop  and  waste  for 
each,  so  located  as  to  be  conveniently  used  as  to  prevent  freezing  if  any 
part  of  the  building  is  not  in  use,  to  shut  off  leaks,  etc. 

Hydrant  and  street  washer  drip  holes  must  be  well  protected  from 
stopping  up,  by  using  at  least  a  bushel  of  bricks,  stones,  etc.,  about  them. 

Sec.  39.  ( )ne  vertical  drawing  will  be  sufficient  for  a  building  when 
it  can  be  made  to  show  all  the  work.  If  the  work  is  intricate,  and  cannot 
be  shown  by  one  drawing,  two  or  more  should  be  made. 


BOARD  OF  HEALTH — PLUMBING 


375 


There  must  be  a  separate  plan  for  each  house,  giving  the  exact 
location  of  the  same  in  the  manner  specified  on  the  plan,  including  the 
ward,  block,  number,  lot  number  and  street  number  when  possible. 

Every  plan  must  contain  a  clear  description  of  the  plumbing,  show- 
ing size,  kind  and  weight  of  pipes,  and  kind  of  traps,  closets  and  fixtures 
to  be  used. 

Plans  will  be  approved  or  rejected  within  ten  clays  of  the  time  of 
filing. 

All  drawings  must  be  legibly  drawn  in  ink  on  heavy  white  paper  or 
on  tracing  linen  or  blue  prints. 

Sec.  40.  Plumbers  and  all  their  employes  when  engaged  in  sewer  or 
plumbing  work  must  have  a  copy  of  these  regulations  with  them  at  all 
times,  and  thoroughly  familiarize  themselves  therewith. 

Sec.  41.  The  foregoing  Rules  and  Regulations  may  be  changed  or 
altered  either  in  whole  or  in  part  at  any  time  by  a  two-thirds  (2-3)  vote 
of  the  Board  of  Health. 

Sec.  42.  The  plumbing  inspector  shall  use  his  discretion,  and  his 
decision  shall  be  final  in  regard  to  work  in  old  or  new  buildings  which 
cannot  be  covered  by  the  rules. 

Sec.  43.  Any  person  or  persons  violating  any  section  of  the  fore- 
going Rules  and  Regulations  shall,  upon  conviction  thereof  before  the 
Mayor,  be  fined  in  any  sum  not  exceeding  fifty  ($50)  dollars  nor  less  than 
five  ($5)  dollars  and  costs  of  prosecution  for  each  and  every  violation 
thereof. 

Resolved,  That  a  true  record  of  all  cases  of  tuberculosis  within  this 
city  be  kept  on  file  by  the  Board,  and  the  Clerk  notify  all  physicians  to 
report  the  same  and  place  of  residence  of  all  cases  that  come  under  treat- 
ment, and  if  death  follows,  the  sanitary  officer  upon  due  notice  shall 
cause  said  home  to  undergo  fumigation  so  no  possible  chance  for  any 
bacteria  to  exist.  The  cost  of  postage  of  notification  of  each  case  shall 
be  paid  by  the  Board  of  Health.  Any  physician  not  reporting  said  case, 
upon  conviction,  shall  pay  a  fine  of  not  less  than  Ten  Dollars,  and  not 
more  than  Two  Hundred  Dollars,  and  the  cost  of  prosecution.  The 
contents  of  this  resolution  shall  be  in  effect  on  and  after  the  adoption  and 
legal  publication  of  the  same. 

Passed  February  igth,  1906. 

J.  F.  MARCHAND,  Clerk, 

JAMES  H.  ROBERTSON,  Mayor. 


BY-LAWS,  RULES  AND  REGULATIONS 

OF  THE 

CANTON  WATER  WORKS 


As  adopted  by  The  Board  of  Public  Service. 


BOARD  OF  PUBLIC  SERVICE. 

"Resolved,  by  the  Board  of  Public  Service  of  the  City  of  Canton,  Ohio, 
that  the  following-  By-Laws,  Rules  and  Regulations  for  the  government, 
management  and  protection  of  the  Water  Works  of  the  City  of  Canton, 
Ohio,  be,  and  the  same  are  hereby  adopted,  viz :" 

Article  I.  The  Board  of  Public  Service  will  meet  for  the  transac- 
tion of  business  of  the  Water  Works  Department,  every  Monday,  at  i  130 
p.  m.,  and  at  such  other  times  as  they  may  deem  necessary. 

A  majority  of  said  Board  shall  constitute  a  quorum.  A  record  shall 
be  kept  of  their  proceedings. 

Article  2.  The  Board  of  Public  Service  reserves  the  right  to  order 
the  removal  of  an  appointee  above  the  grade  of  laborer  in  the  Water 
Works  Department  for  a  specified  time,  by  giving  thirty  days'  notice. 
Said  appointees  are  also  required  to  acquaint  the  Board  of  their  inten- 
tion of  leaving  their  positions  thirty  days  before  so  doing.  Provided,  in 
case  of  incompetency,  or  misconduct  of  any  person  in  his  position,  the 
Board  reserves  the  further  right  of  removing  him  without  such  previous 
notice. 

SUPERINTENDENT. 

Article  3.  The  Superintendent  shall  give  a  surety  bond  to  the  ap- 
proval of  the  Board  of  Public  Service  in  the  sum  of  one  thousand  dollars, 
conditioned  for  the  faithful  discharge  of  his  duties.    All  employes  above 


378 


REVISED  ORDINANCES 


that  of  laborers  shall  be  appointed  by  the  Board  of  Public  Service.  No 
supplies  shall  be  purchased  in  excess  of  ten  dollars  except  by  consent 
of  at  least  two  members  of  the  Board  of  Public  Service. 

It  shall  be  the  duty  of  the  Superintendent  to  see  that  the  By-Laws 
and  Resolutions  are  executed ;  that  the  conditions  of  all  contracts,  by  or 
with  said  works,  are  faithfully  complied  with ;  and  to  audit  all  accounts 
and  claims,  and  submit  the  same  to  the  Board  of  Public  Service,  with 
such  explanations  as  will  enable  them  to  act  advisedly  thereon.  He  shall, 
have  charge  of  the  Water  Works  buildings,  engines,  pumps  and  all  ma- 
terial of  every  kind  belonging  to  the  Water  Works,  and  general  control 
of  the  running  of  the  engines  and  machinery,  and  see  that  the  several 
employes  connected  with  the  works  faithfully  discharge  their  duties,  and 
have  a  general  supervision  over  all  the  operations  and  interests  of  said 
works,  and  keep  the  Board  informed  as  to  the  condition  of  the  works, 
with  such  suggestions  as  he  may  deem  for  the  interest  of  the  department. 
He  shall  supervise  and  direct  all  street  extensions  and  laying  of  service 
pipes,  and  see  that  plumbers  and  pipe  fitters  comply  with  the  rules  of  the 
Board  of  Public  Service,  and  see  that  all  trenches  are  re-filled  and  re- 
paved  without  unnecessary  delay,  and  in  case  trenches  are  open  during  the 
night,  have  the  same  properly  protected  by  barriers  and  signal  lights. 
And  at  the  end  of  each  quarter,  he  shall  make  a  report  in  writing  to  the 
Board  of  Public  Service,  of  the  condition  of  the  works,  in  all  its  depart- 
ments, and  perform  such  other  duties  as  the  Board  of  Public  Service  may 
prescribe. 

SECRETARY. 

Article  4.  The  Secretary  shall  give  a  surety  bond,  to  the  approval 
of  the  Board  of  Public  Service,  in  the  sum  of  five  thousand  dollars,  con- 
ditional, for  the  faithful  discharge  of  his  duties,  and  it  shall  be  his  duty 
to  have  the  care  and  safe-keeping  of  the  books  and  papers  belonging  to  the 
Water  Works ;  to  keep  a  correct  account  of  all  receipts  and  disbursements 
and  other  transactions  with  the  Water  Works;  to  keep  a  register  of  all 
consumers,  collect  all  water  rents,  and  other  money  due  the  works,  and 
each  month  submit  to  the  Board  of  Public  Service  an  itemized  statement 
of  the  receipts  and  disbursements,  and  in  January  and  July  of  each  year 
submit  to  said  Board  a  full  and  detailed  report  for  the  year  ending  with 


CANTON  WATER  WORKS 


379 


January  first,  and  at  the  same  time  make  settlements  with  the  City  Treas- 
urer, and  such  other  duties  as  the  Board  may  prescribe. 

All  money  received  by  the  Secretary  on  account  of  the  Water  Works 
shall  be  paid  weekly  into  the  city  treasury,  and  oftener  if  he  has  received 
the  sum  of  five  hundred  dollars,  and  a  receipt  taken  for  the  same,  and  all 
moneys  paid  into  the  city  treasury  on  account  of  said  works  shall  be 
placed  to  the  credit  of  the  Canton  Water  W'orks,  to  which  use  they  are 
exclusively  appropriated,  and  shall  not  be  paid  out,  except  on  the  order 
of  the  Board  of  Public  Service. 

WATER  RENTS. 

Article  5.  All  water  rents  are  due  and  payable  semi-annually,  in 
advance,  in  the  months  of  January  and  July,  at  the  office  of  the  Board 
of  Public  Service,  Water  Works  Department.  All  persons  paying  their 
water  rents  on  or  before  the  above  dates,  shall  me  allowed  a  discount  of 
10  per  cent.  Consumers  whose  water  rents  are  unpaid  by  March  1st,  and 
September  1st,  all  water  shall  be  shut  oft'.  Bills  for  meter  rent  shall  be 
rendered  every  three  months,  and  if  paid  within  ten  days  from  the  date 
of  the  bill,  a  discount  of  one  cent  per  thousand  gallons  will  be  allowed. 

PERMITS. 

Article  6.  Applications  for  permits  to  connect  service  or  supply  pipe 
with  the  distributing  pipes,  must  be  made  to  the  Secretary,  and  the  sum 
of  five  dollars  paid  in  advance  for  inserting  three-fourth  inch  pipe  ;  eight 
dollars  for  one-inch  pipe;  twelve  dollars  for  one  and  one-quarter  inch 
pipe ;  fifteen  dollars  for  one  and  one-half  inch  pipe  ;  eighteen  dollars  for 
two-inch  pipe,  and  canveying  the  same  to  the  line  of  the  curb  stone,  except 
on  paved  streets,  where  the  sum  of  five  dollars  shall  be  added,  and  the 
permit  shall  be  the  plumber's  or  pipe  fitter's  authority  for  connecting 
house  pipes  with  the  street  service,  laying  pipes,  or  doing  all  plumbing 
work  for  which  the  permit  was  granted,  subject  to  the  By-Laws  and 
Regulations  relating  to  the  same. 

Persons  occupying  adjoining  lots  may  join  in  obtaining  permits  if 
in  the  opinion  of  the  Superintendent  it  may  be  done  without  detriment  to 
the  works,  in  which  case  a  single  service  may  be  laid  to  the  curb  stone 
and  divided,  giving  each  person  an  independent  service,  and  the  costs  of 


380 


REVISED  ORDINANCES 


such  permits  shall  be  four  dollars  for  each  until  otherwise  provided.  Ser- 
vice pipes  already  in,  and  supplying  two  or  more  distinct  premises  or 
tenements,  must  be  provided  with  separate  and  distinct  stop-cocks  for 
each  tenement,  on  the  outside  of  the  same. 

ADDITIONS  OR  ALTERATIONS. 

Article  7.  No  addition  to  or  alteration  whatever,  of  any  tap,  pipe, 
water-cock,  or  other  fixtures,  shall  be  made  except  through  a  duly  licensed 
plumber,  and  permission  regularly  obtained  from  the  Water  Works  office. 

Applicants  for  water  must  state  fully  all  purposes  for  which  they 
require  it,  and  must  answer  fairly  and  without  concealment  the  neces- 
sary questions  relating  to  the  number  of  rooms,  cisterns,  accessibility  of 
neighbors,  and  all  possible  illegal  use  of  water.  Out  door  hydrants  will 
not  be  allowed,  if  water  is  permitted  to  be  used  by  parties  outside  of  the 
family. 

PLASTERERS,  BRICK  LAYERS,  AND  OTHERS. 

Article  8.  Plasterers,  brick  layers  and  stone  masons  are  specially 
notified  not  to  take  or  use  water  from  the  Water  Works  without  a  build- 
er's permit  for  every  separate  job,  and  all  owners  or  occupants  are  strictly 
prohibited  from  furnishing  water,  or  allowing  the  same  to  be  taken  from 
their  hydrants  by  any  person,  without  a  permit  signed  by  the  Secretary  of 
the  Water  Works.  For  any  violation  of  this  rule  a  penalty  of  ten  dollars 
will  be  incurred,  and  the  use  of  the  water  will  not  be  allowed  on  the 
premises  until  the  same  is  paid. 

STREET  EXTENSIONS. 

Article  9.  Parties  desiring  street  extension  of  water  pipe  must  apply 
to  the  Superintendent  for  a  blank  form  of  petition,  which,  when  properly 
signed,  and  all  the  conditions  thereon  fulfilled  shall  be  filed  with  him, 
and  he  shall  bring  the  same  regularly  before  the  Board  of  Public  Service 
for  final  action  thereon. 

WATER  TAKER'S  PENALTY. 

Article  10.  Any  consumer  who  shall  habitually  permit  others,  not 
members  of  his  family,  to  use  water  from  his  or  their  pipe,  and  any  one 


CANTON  WATER  WORKS 


381 


who  shall  thus  obtain  water,  shall  be  fined  in  a  sum  not  less  than  five 
dollars,  and  not  exceeding  twenty  dollars. 

And  in  all  cases  where  any  servant,  apprentice,  minor  or  employe, 
shall  be  guilty  of  any  breach  of  the  foregoing  rules  and  regulations,  the 
master  or  mistress,  employer,  parent  or  guardian  of  such  person  shall  be 
responsible. 

It  shall  be  unlawful  for  any  person  to  take  or  use  water  from  hydrants 
or  other  fixtures  attached  to  said  Water  Works,  until  he,  she  or  they 
have  obtained  a  permit,  and  paid  for  the  use  of  the  water,  nor  shall  water 
be  used  for  any  other  purpose  than  such  as  has  been  agreed  for,  and  set 
forth  in  the  bill  of  water  rent,  and  when  a  hydrant  or  other  fixture  sup- 
plies more  than  one  family,  or  more  than  one  hydrant  is  taken  from  the 
same  private  pipe,  or  they  are  so  situated  that  they  are  exposed,  or  liable 
to  be  used  in  common  by  different  families,  or  purposes,  all  such  hy- 
drants, families,  or  purposes,  must  be  entered  or  included  in  one  bill,  and 
the  owner  of  the  property  shall  become  responsible  for  the  payment  of 
water  rent,  and  the  proper  use  of  water.  And  in  all  cases  of  misuse  or 
waste  of  water,  the  water  shall  be  turned  off,  and  the  unexpired  term  for 
which  the  water  may  have  been  paid  shall  be  forfeited. 

SERVICE  PIPES. 

Article  1 1.  No  pipes  shall  be  laid  at  a  less  depth  than  forty-eight 
inches  below  the  surface  of  the  street,  alley  or  yard,  and  every  private 
pipe  connected  with  the  works  shall  have  a  stop-cock  inserted  in  the  pipe 
in  such  a  situation  as  to  be  accessible  from  the  street  or  alley,  with  an 
opening  around  the  same  of  at  least  three  inches  square,  walled  or  cased 
up  with  iron,  and  secured  at  the  top  with  an  iron  cover,  and  when  a 
street  or  alley  is  broken  up  to  lay  down  or  repair  a  pipe,  the  hole  or 
trench  shall  be  covered  up  before  dark  of  the  same  day,  and  the  surface 
put  in  good  condition  without  delay.  A  violation  of  the  provisions  of  this 
section  shall  subject  the  offender  to  a  fine  of  any  sum,  not  exceeding  five 
dollars  and  costs,  in  addition  to  the  expense  of  making  good  the  defect. 

INSPECTION  OF  PREMISES. 

Article  12.  The  Superintendent  and  proper  officers  of  the  Board 
of  Public  Service  shall  have  free  access,  at  all  reasonable  hours,  to  all 


382 


REVISED  ORDINANCES 


parts  of  the  premises  to  which  water  is  supplied,  to  make  necessary  exam- 
inations. And  the  Board  reserves  the  right  to  apply  a  meter  to  any 
service  pipe,  where  they  deem  it  advisable. 

FIRE  HYDRANTS. 

Article  13.  It  shall  be  unlawful,  except  in  time  of  fire,  to  take  water 
from  any  public  cistern  or  fire  plug,  or  turn  any  public  or  private  stop- 
cock, or  in  any  way  or  manner  injure  the  builings,  water  source  or  other 
apparatus  belonging  to  the  Canton  Water  Works ;  and  the  person  so 
offending  shall  be  subject  to  a  fine  in  any  sum  not  exceeding  one  thous- 
and dollars,  with  the  cost  of  suit  and  amount  of  damages  sustained,  or  im- 
prisoned not  more  than  thirty  days,  or  both. 

FINES  AND  PENALTIES. 

Article  14.  No  person  shall  put  any  filth,  animal  or  vegetable  mat- 
ter, chips,  shavings,  or  any  other  substance  on  the  Water  Works  grounds, 
or  do  any  other  injury  thereto,  or  deposit  or  throw  any  filth,  dead  animals 
"  or  carcasses,  into  the  West  Branch  of  the  Nimishillen  Creek,  or  bathe  in 
the  same,  for  a  distance  of  ten  miles  beyond  and  outside  of  the  corporate 
limits  of  the  City  of  Canton,  and  at  no  place  within  such  limits.  Any  per- 
son violating  any  of  these  provisions  shall,  upon  conviction  thereof,  be 
fined  in  any  sum,  not  less  than  five  nor  more  than  one  hundred  dollars, 
or  be  imprisoned  not  less  than  ten  nor  more  than  thirty  days,  or  both, 
at  the  discretion  of  the  court,  and  be  liable  for  all  damages  and  costs 
accruing  from  such  violation,  and  the  prosecution  thereof. 

PLAT  OF  EXTENSIONS. 

Article  15.  The  City  Civil  Engineer  shall  make  a  plat  of  all  exten- 
sions of  mains,  and  shall  set  grade  stakes  for  all  such  extensions,  under  the 
direction  of  the  Board  of  Public  Service,  and  the  Superintendent  of  the 
Water  Works. 


CANTON  WATER  WORKS 


383 


RULES  AND  REGULATIONS 

GOVERNING  THE  USE  OF  WATER  FROM  THE  CANTON 
WATER  WORKS 


Hydrants,  plugs,  stop-boxes,  and  all  other  attachments  must  be  kept 
in  complete  repair  by  the  owner  or  occupant,  and  protection  from  frost 
at  their  own  expense ;  they  must  provide  a  stop  and  waste-cock,  and  have 
the  pipes  so  arranged  that  the  water  can  be  drawn  from  them  when  there 
is  danger  of  its  freezing. 

The  following  abuses  are  absolutely  prohibited,  to-wit : 

ist.  In  no  case  will  hose  be  allowed  for  the  purpose  of  sprinkling- 
sidewalks,  gardens  or  washing  carriages,  or  other  vehicles,  with  outflow 
on  nozzles  greater  than  one-fourth  of  an  inch  in  diameter.  Any  violation 
of  the  foregoing  rule  will  subject  the  offender  to  have  the  water  turned 
off  immediately,  and  the  unexpired  term,  for  which  the  water  may  have 
been  paid  shall  be  forfeited. 

2nd.  Permitting  leaks. 

3rd.  Allowing  water  to  flow  unnecessarily  while  washing  pavements, 
or  for  other  purposes. 

4th.  The  use  of  worn  out  or  leaky  hose,  or  the  use  of  hose  without 
washers  in  the  couplings. 

And  in  all  cases  where  more  than  one  family  or  other  consumer  is 
supplied  with  water  from  a  pipe  or  pipes  governed  from  one  stop,  the 
property  owner  shall  be  responsible  for  the  keeping  in  good  repair  of  all 
pipes,  hydrants,  etc. 

RENTED  HOUSES. 

All  owners  of  lots  intending  to  build,  or  repair  any  building  thereon, 
in  which  water  from  the  Water  Works  is  to  be  used  for  building  or  re- 
pairing purposes,  shall  make  application  in  writing  to  the  Secretary  of 
the  Water  Works  for  a  permit  to  use  the  hydrant  water,  and  said  owner 


384 


REVISED  ORDINANCES 


or  occupants  of  lots  must  become  responsible  for  the  payment  of  such 
water  rent,  and  the  proper  use  of  the  water. 

Whenever  two  or  more  parties  are  supplied  with  water  from  the 
same  service  pipe,  the  failure  of  any  one  of  said  parties  to  pay  the  rent, 
when  due,  or  comply  with  the  published  rules  and  regulations  of  the 
Board  of  Public  Service  governing  the  Water  Works  department,  the 
supply  of  water  to  such  service  pipe  shall  be  withheld,  without  liability 
in  damages  to  any  of  the  other  parties  beyond  the  forfeiture  of  the  amount 
paid,  or  said  amount  due  may  be  certified  to  the  County  Auditor  and 
placed  on  the  tax  duplicate,  and  collected  as  other  taxes,  as  provided  by 
law. 

THE  USE  OF  HAND  HOSE. 

The  use  of  hand  hose  is  permitted  at  all  hours  of  the  day  for  any  ot 
the  purposes  named  in  the  permit,  to-wit : 

Washing  sidewalks,  walks,  steps,  windows  and  fronts;  and  the  sprin- 
kling of  streets,  yards  and  gardens  will  be  allowed  only  between  5  130  to  8  130 
a.  m.  and  5  130  to  8  130  p.  m.,  except  in  case  of  fire,  or  when  there  is  an  alarm 
of  fire ;  during  such  time  the  use  of  hand  hose  is  positively  prohibited  for 
any  of  the  uses  heretofore  enumerated,  and  any  person  so  offending  shall  be 
fined  in  a  sum  not  exceeding  ten  dollars. 

The  regular  water  rent  for  sidewalks,  street  or  garden  sprinkling  will 
be  based  on  such  use,  only  for  dust  laying  or  sprinkling  purposes,  fairly 
applied ;  and  any  excessive  or  unreasonable  use  thereof  for  these  or  other 
purposes  is  prohibited. 

Street  sprinklers  or  garden  hydrants  must  not  be  allowed  to  run  to 
waste,  nor  be  converted  into  jets;  neither  may  they  be  used  for  sprinkling 
or  washing  the  premises  of  adjoining  or  opposite  properties  or  occupants. 

Any  person  desiring  to  discontinue  the  use  of  water  must  give 
notice  thereof  in  writing  to  the  Secretary. 

Any  person  using  water  for  sprinkling  purposes  only  shall  pay  rent 
for  the  full  year. 

STEAM  BOILERS. 

Steam  boilers  taking  a  supply  of  water  directly  from  the  service 
pipe,  depends  upon  the  hydraulic  or  hydrostatic  pressure  in  the  pipe 
system  of  the  Water  Works  for  supplying  such  boilers  under  working 


CANTON  WATER  WORKS 


385 


pressure,  are  required  to  have  tanks  erected  that  will  contain  an  ample 
quantity  of  water  for  supplying  such  boiler  or  boilers,  for  at  least  ten 
hours,  in  case  the  water  is  shut  off  for  necessary  repairs  or  extensions,  as 
the  Board  will  not  be  responsible  for  any  accidents  or  damages  to  which 
such  devices  are  frequently  subject. 

All  consumers  using  hot  water  pipes  must  supply  their  premises 
with  automatic  pressure  regulators,  for  the  purpose  of  guarding  against 
increase  of  pressure  in  mains,  as  the  Board  will  not  be  responsible  for 
any  damage  resulting  from  increase  in  pressure. 

The  Board  reserves  the  right  at  all  times  to  shut  off  the  water  for 
necessary  repairs,  extensions,  or  other  necessary  purposes  of  the  works, 
or  for  neglect  or  refusal  to  comply  with  the  rules  of  the  Board. 

It  is  sometimes  necessary  to  shut  off  the  water  in  making  repairs 
and  new  connections  with  the  mains.  The  Board  will  notify  water  con- 
sumers of  the  same  as  a  general  rule,  but  in  case  of  emergency,  should 
they  fail,  as  soon  as  it  is  discovered  that  the  water  is  off,  open  the  hot 
water  faucet  of  the  domestic  boiler,  and  let  it  remain  open  until  the  water 
runs.  This  will  prevent  accident  by  allowing  steam  to  escape  from  the 
boiler. 

GENERAL  RULES. 

The  water  will  be  shut  off  without  notice  if  parties  violate  any  of 
the  rules,  or  allow  water  to  run  to  waste. 

The,:  jBoard  reserves  the  right  in  all  cases  to  test  the  quantity  of 
water  actually  supplied  to  any  person  or  premises,  by  the  application  of 
a  meter;  and  to  revise  and  adjust  all  contracts  made  for  the  use  of  water, 
upon  the  basis  of  such  actual  quantity  as  the  application  of  such  test 
shall  disclose. 

In  all  occupied  premises  every  private  fountain,  hydrant,  bath  or  water 
closet,  wash  basin,  sink  or  other  fixtures,  whether  used  or  not,  will  be 
deemed  and  held  as  used,  and  will  be  charged  for,  so  long  as  such  ap- 
paratus shall  remain  connected  with  the  city  pipes,  unless  the  owner  shall 
give  a  written  notice  to  the  Secretary  of  its  disuse,  when  a  disconnection 
will  be  made,  at  the  expense  of  the  owner  or  occupier  of  the  premises. 

A  stop  and  waste  cock  shall  be  placed  inside  of  each  service  stop  for 
the  purpose  of  emptying  the  pipes  in  buildings  where  necessary ;  such 
stops  shall  be  located  just  inside  of  buildings,  so  as  to  be  easily  accessi- 


386 


REVISED  ORDINANCES 


ble  and  protected  from  frost,  and  shall  be  equal  in  strength  to  the  ferrule 
in  the  street  main. 

No  hydrant,  except  public  drinking  fountains,  shall  be  placed  within 
the  limit  of  any  street,  except  such  hydrant  is  securely  closed  and  pro- 
tected against  general  use,  and  no  drinking  fountain  shall  be  erected  for 
public  use  which  has  openings  by  which  it  can  be  used  as  a  source  of 
domestic  supply. 

In  sprinkling  streets  each  water  taker  shall  confine  himself  to  the 
front  of  his  premises  and  half  the  width  of  the  street  in  front  thereof. 

In  all  cases  where  the  water  has  been  turned  off  for  any  cause,  and 
has  been  turned  on  again  by  an  unauthorized  person,  the  person  so  turn- 
ing it  on  shall,  on  conviction  be  fined  in  a  sum  not  less  than  ten  or  more 
than  twenty-five  dollars,  and  cost  of  suit. 

Yard  fountains  or  hydraulic  elevators  shall  be  used  subject  to  the 
reserved  right  to  suspend  their  use  whenever  the  public  exigency  may 
require. 

Sill  or  wall  cocks  must  be  put  in  for  sprinkling  or  sidewalk  washing, 
where  buildings  are  on  the  lot  line  of  street ;  no  street  washer  will  be 
allowed  on  sidewalks. 

In  case  the  water  has  been  turned  off  for  non-payment  of  water  rent, 
or  for  any  violation  of  the  rules  and  regulations  of  the  Water  Works 
Department,  one  dollar  will  be  charged,  in  addition  to  all  arrears,  for 
having  the  water  turned  on  again. 

In  case  of  making  repairs  to  the  water  pipes,  the  actual  expense  of 
having  the  water  turned  off  will  be  charged  the  consumer. 

In  case  where  water  has  been  turned  off  for  non-payment  of  water 
rent,  or  for  any  other  cause,  or  when,  in  the  opinion  of  the  Superintend- 
ent, turning  off  the  water  at  the  stop  cock  is  not  a  sufficient  protection 
against  the  further  use  of  the  water,  he  may  cause  the  ferrule  to  be  with- 
drawn, and  upon  a  re-application  for  water  where  the  water  has  been 
turned  off,  and  the  ferrule  has  been  withdrawn,  an  additional  charge  of 
five  dollars  for  re-inserting  it  will  be  made. 

PRIVATE  FIRE  PROTECTION. 
If  proprietors  of  lumber  yards,  manufactories,  halls,  stores,  hotels  or 
public  buildings  who  arc  regular  consumers  <>f  water,  wish  to  lav  large 
pipes  with  hydrants  and  hose  couplings,  to  be  used  only  in  case  of  fire, 


CANTON  WATER  WORKS 


387 


they  will  be  permitted  to  connect  with  the  street  mains  upon  application 
to  the  Board,  and  under  their  direction — at  their  own  expense,  and  will 
be  allowed  the  free  use  of  water  for  fire  purposes  only,  but  the  tapping 
of  such  line  for  any  other  purpose  shall  be  prohibited,  and  will  be  turned 
off  if  so  used. 

PLUMBERS  AND  PIPE  FITTERS. 

Any  plumber  or  pipe  fitter  wishing  to  do  business  in  connection  with 
the  Water  Works,  shall,  before  receiving  a  license  to  do  so,  file  in  the 
office  of  the  Water  Works  his  petition  in  writing,  giving  the  name  of  the 
firm  and  of  each  member  thereof,  and  place  of  business,  asking  to  become 
a  licensed  plumber  or  pipe  fitter  in  connection  with  said  Water  Works, 
stating  his  willingness  and  consent  to  be  governed  in  all  respects  by  the 
By-Laws  and  Regulations  of  said  Water  Works,  and  every  plumber  or  pipe 
fitter  shall  be  subject  and  conform  to  all  and  singular  the  By-Laws,  Regu- 
lations and  penalties  which  now  exist,  or  may  hereafter  be  passed  by  said 
Board  of  Public  Service.  Said  petition  must  be  signed  by  two  respon- 
sible citizens,  vouching  for  the  business  capacity  and  reputation  of  the 
applicant,  and  for  his  worthiness  to  receive  license.  Before  receiving  a 
license  the  applicrnt  shall  execute  a  bond  with  two  or  more  sureties,  to 
be  approved  by  the  Board  of  Public  Service,  in  the  sum  of  five  hundred 
dollars,  conditioned  that  he  will  indemnify  and  save  harmless  the  City  of 
Canton,  or  Board  of  Public  Service,  from  all  accidents  and  damages, 
caused  by  any  negligence  in  protecting  his  work,  or  by  any  unfaithful 
or  inadequate  work,  done  by  virtue  of  his  license,  and  that  he  will  also 
replace  and  restore  the  pavement  over  any  opening  he  may  have  made 
to  lay  service  pipe,  or  for  other  purposes,  to  as  good  state  and  con- 
dition as  he  found  it,  and  keep  and  maintain  the  same  in  good  order,  to 
the  satisfaction  of  the  Board  of  Public  Service  and  the  Superintendent 
of  the  Water  Works,  for  the  period  of  one  year,  thereafter,  and  that  he 
will  pay  all  fines  imposed  on  him  for  a  violation  of  any  By-Laws  or  Regu- 
lations established  by  the  Board  of  Public  Service.  No  person  shall  be 
allowed  to  do  any  work  in  connection  with  the  Water  Works  unless  he 
be  a  regular  licensed  plumber,  having  first  obtained  a  license  from  the 
Board  of  Health  and  also  of  the  Board  of  Public  Service,  excepting  how- 
ever manufacturers  who  are  permitted  to  do  their  own  plumbing  work,  in 


388 


REVISED  ORDINANCES 


connection  with  their  own  establishments,  having  first  obtained  a  license 
to  do  such  work,  and  all  such  changes  must  be  reported  in  writing  imme- 
diately after  completion  of  each  change  or  addition  to  water  pipes. 

Licenses  will  be  issued  by  the  Secretary  upon  the  order  of  the  Board 
of  Public  Service. 

Any  plumber  or  pipe  fitter  who,  shall  be  guilty  of  a  violation  of  any 
of  the  By-Laws  and  Regulations  adopted  by  the  Board  of  Public  Service, 
shall  forfeit  his  license,  and  shall  be  subject  to  a  fine,  upon  conviction,, 
of  not  less  than  ten  or  more  than  one  hundred  dollars. 

A  forfeiture  of  the  license  of  any  plumber  shall  operate  as  a  sus- 
pension of  the  license  held  by  any  co-partner  in  the  same  business,  or  any 
person  in  his  employ. 

All  lead  pipes  used  for  plumbing  houses  shall  be  the  kind  known  as 
"extra  strong,"  and  no  pipes  of  lighter  weight  will  be  permitted ;  and  all 
galvanized  pipes  used  for  house  service  must  be  submitted  to,  and  with- 
stand, a  hydraulic  pressure  of  two  hundred  pounds  per  square  inch.  No 
plain  pipe  will  be  allowed  under  ground. 

Within  ten  days  after  completing  any  attachment  or  connection,  the 
plumber  or  pipe  fitter  shall  make  a  true  return,  in  writing,  on  a  blank 
form  furnished  by  the  Secretary,  of  the  number  of  rooms  in  the  premises, 
or  other  contemplated  use  of  the  water  therein,  according  to  the  rules 
and  regulations  and  the  tariff  of  water  rates,  and  file  the  same  in  the 
office  of  the  Secretary,  as  the  water  will  not  be  turned  on  to  any  premises 
until  complete  returns  are  made  by  the  plumber  or  pipe  fitter. 

SPECIAL  NOTICE  TO  PLUMBERS. 

No  plumber  or  other  person  shall  make  any  attachment  to  any  old 
pipe  or  water  fixture,  in  premises  from  which  the  water  has  been  shut  off, 
and  the  supply  discontinued,  unless  the  party  desiring  such  work  to  be 
done  shall  first  make  application  and  obtain  a  re-issue  and  permit  for  the 
same.  Nor  shall  any  plumber  or  other  person  make  alterations  in  any 
pipe  or  water  fixture  attached  to  the  Water  Works  distributing  pipes, 
to  conduct  water  into  adjoining  premises,  or  into  stables,  baths,  water 
closets,  fountains,  or  for  any  purpose  whatever,  without  application  hav- 
ing been  first  made,  and  a  written  permit  obtained,  from  the  Secretar\ 
for  each  and  every  separate  job  of  such  modifications,  and  in  no  case 


CANTON  WATER  WORKS 


389 


shall  any  plumber,  after  the  completion  and  trial  of  any  job  of  plumbing 
work,  be  it  the  first  introduction  of  pipe,  an  extension  or  an  alteration, 
leave  the  water  on  the  premises,  but  shall,  in  all  cases,  close  the  stop 
cock  on  the  sidewalk,  and  return  his  permit  with  the  proper  return,  set- 
ting forth,  in  the  case  of  first  introduction,  the  purposes  for  which  water 
is  used,  and  number  of  draws,  etc.,  and  in  the  case  an  extension  or 
alteration,  the  nature  of  such  extension  or  alteration. 

For  the  purpose  of  removing  stop  box  covers,  whenever  necessary, 
plumbers  shall  provide,  and  in  all  cases  use,  the  proper  key  or  wrench 
for  each  of  the  several  kinds  of  covers  which  are  now,  or  may  hereafter 
be  in  use,  and  under  no  circumstances  shall  a  cold  chisel  or  other  improper 
tool  be  used  for  such  purpose. 

Covers,  when  replaced,  must  be  left  firmly  secured,  so  that  same 
cannot  be  removed  by  hand,  and  in  any  case  when  this  is  impossible, 
by  reason  of  the  cover  being-  in  bad  order,  it  shall  be  the  duty  of  the 
plumber  to  at  once  report  to  the  superintendent,  and  the  plumber  shall 
pay  all  damages  to  all  fixtures  and  all  boxes  not  properly  set  by  them. 


390 


REVISED  ORDINANCES 


TABLE  "A." 

Showing  the  discharge  of  water  by  pipes  of  different  lengths  under 
various  heads,  under  the  domestic  pressure  of  the  Canton  Water  Works, 
and  the  size  of  street  service  pipes  used  : 


Head 
in  Feet. 


50. 

80. 
100. 
125. 
150 
175 
200. 
225 
250. 

275. 
300. 


Pressure  in 

Pounds 
Per  Square 
Inch. 


2165 
34  65 
43  3i 
54.15 
64.97. 
75-8o. 
86  63. 
9746 

108.29. 

119. 12. 

129-95 


^  Inch  Pipe. 
Length  in  Feet. 


40 


o  g 
a 


18.21 
23  03 
25  75 
28  79 
31-53 
34  06 
36  41 
3862 
40  71 
42  70 
44  66 


60 


u 

<v 

a> 

o  g 
"  a 
co  -r 
O  S 


15  06 

I9-05 
21  31 
23.82 
26  09 
28  18 

30  12 

31  95 
33  68 
35-32 
36  90 


80 


S  G 

OS 


12  86 
16  61 

1857 
20  76 
22.75 
2456 
26  26 
27.86 

29  36 

30  80 
32.16 


100 


p  z 
c  3 
S  c 
co  •  ~ 
OS 


H-55 
14.91 
16.68 
:8  64 
20  43 

22  06 

23  59 

25  02 

26  37 
2765 
28  88 


1  inch  Pipe. 
Length  in  Feet. 


40 


G 

o  g 
73  g 

cC  •  ~ 

OS 


37-77 
47  77 
53  4i 
59-71 
65  4i 
70.66 


88.57 
92  51 


60 


G  Z 
5=2  G 

os 


3137 
39.68 

44  37 
40.60 

54  34 
58.69 

62.73 
66.55 
70.14 

73  57 
76.84 


80 


u 

C  G 

3  G 

CO  'JT 

OS 


27  41 

34  67 
38.76 
43-34 
47  47 
51.28 
54  82 

58.14 
61.29 
64.28 
67-13 


100 


u 

V 

P. 

G  « 
O  G 
Ph  G 

co 

OS 


2415 
31.18 
3485 

38  97 
42.69 
46.11 
49.29 
52.28 

55  11 

57-8o 
60  37 


1%  Inch  Pipe. 
Length  in  Feet. 


40 


a  V 
Q  -t-> 

O  G 

71  G 

cO  12 

OS 


65.80 
8323 

93.  c6 
104.04 

113  97 
123.10 
131  60 
139-59 
147  13 
154  31 
161  18 


60 


G  Z 
O  G 
S  Q 

03 


54.87 
69.40 

77.59 
86.75 
9503 
102.65 
109  73 
116.39 

122  68 
128.67 
134  39 


80 


O  G 
£3  G 


OS 


48.03 

60.76 

67.93 

75  95 
83.20 
89.86 
96.07 

In  I  89 
IO7.40 
112  64 
II7.63 


100 


O  G 
3  Q 

5s 


43  25 
54-7Q 
61.16 
69.38 
74.91 
80.91 
86  50 
91-74 
96.71 
101.42 

105.93 


\l/2  Inch  Pipe. 
Length  in  Feet. 


40 


3  2 

O  G 
3  G 

co  a 
OS 


'03  45 
130.84 
146.30 
163  56 
179  I8 
193-53 
206.90 

219-45 
231.32 
242.61 
253-8o 


60 


O  G 
G3  G 

CO  'J 

OS 


86.57 

109.51 
122.43 
136.87 

149-93 
161.96 

173-15 
183.65 
193-59 
203.03 
212.06 


80 


G  Z 
O  G 
?2  G 

co  a 
OS 


75  94 
96.06 
107.40 
120.07 

i3!-54 
142.07 
151.88 
i6r.io 
169.81 
178.10 
186.02 


100 


G  2 
O  G 
Ch  G 
co 

OS 


68.46 
86.60 

96.82 
108  24 

118.57 

28.07 

136.92 
145.22 
15308 

160.59 
167.70 


2  Inch  Pipe. 
Length  in  Feet. 


40 


G  Z 

O  G 

S  G 

CO  g 

OS 


60 


O  G 
3  G 

OS 


208.63 
263.90 
29505 
329-88 

361.36 
390.32 

417.26 
442.59 
466.52 
489.30 
511.04 


17581 

222.39 
248.64 
278.00 

30452 

328.92 

351.63 
372.97 

393.14 
412.33 

430.66 


80 


O  G 

?3  a 

co  -j^ 

OS 


154.80 
195.81 
218.93 
244.77 
268  13 
289.61 
309.61 

328.39 
346.16 

363- 05 
379.20 


100 


G  -M 

O  G 
S  G 

CO  -Tl 

OS 


139  88 
176  94 
197.82 
221.17 
242.29 
261.70 
279.76 
296.74 

312.79 
328.06 
342.64 


Street  service  pipe  will  generally  be  one-eighth  inch  larger  than 
accompanying  ferrules. 


CANTON  WATER  WORKS  391 


TARIFF  OF  WATER  RATES. 

Banks,  telegraph  offices,  express  offices,  etc  $5-00 

Store  rooms,  without  dwellings   5.00 

Street  sprinkling  with  the  above   i.oo 

Bakeries  to  be  assessed  or  metered  

Barber  shops,  one  chair   8.00 

Barber  shops,  each  additional  chair   3.00 

Bath  tubs — public — to  be  assessed  or  metered  

Blacksmith  shops,  one  fire   3.00 

Blacksmith  shops,  each  additional  fire   1.00 

Saloons,  to  be  assessed  or  metered  

Breweries,  to  be  assessed  or  metered  

Distilleries,  to  be  assessed  or  metered  

Dwellings,  not  exceeding  four  rooms   5.00 

Dwellings,  each  additional  room  to  six   1.00 

Dwellings,  each  additional  room  after  six  50 


To  dwelling  rates  add  $1  where  street  or  lawn  sprinkler  is  used 

Fountains,  to  be  assessed  or  metered  

Foundries  and  machine  shops  to  be  assessed  or  metered.  .  .  . 

Gas  works,  to  be  assessed  or  metered  

Hotels,  to  be  assessed  or  metered  

Livery  or  boarding  stables,  to  be  assessed  or  metered  

Laundries,  to  be  assessed  or  metered  


Offices    5.00 

Outside  water  closets,  without  house  use,  for  each  family  or  store.  ...  5.00 
Outside  water  closets,  with  house  use,  for  each  family  or  store  etc.  .  2:oo 

Stables,  private,  per  horse  or  cow   1.00 

Street  sprinklers,  city  lot  per  season   5.00 

Water,  for  building,  per  M  brick  03 

Water  for  building,  per  perch,  stone  02 

Water,  for  building,  plastering  per  100  yards  15 

Water,  for  cement  work,  to  be  assessed  


392 


REVISED  ORDINANCES 


METER  RATES. 

The  Meter  Rates  shall  be  seven  cents  ($  .07)  per  thousand  gallons, 
but  the  minimum  rate  shall  not  be  less  than  50  cents  per  month. 
And,  in  addition,  Meter  Rents  to  be  as  follows  : 

5-  8  and  3-4-inch  meters  $  2.00  per  year 

1-  inch  meters   3.00  per  year 

1  1 -2-inch  meters    4.00  per  year 

2-  inch  meters   6.00  per  year 

3-  inch  meters   8.00  per  year 

4-  inch  meters   10.00  per  year 

6-  inch  meters   12.00  per  year 

Any  consumer  using  ten  times  the  amount  of  water  that  he  is  charged 
meter  rent,  shall  be  rebated  the  amount  of  meter  rent  from  the  regular 
bills. 

All  consumers  of  water  from  the  Canton  Water  Works,  residing  out- 
side of  the  city  limits,  will  be  charged  ten  per  cent  additional  to  the  city 
rates. 

Steam  boilers  will  be  rated  according  to  the  horse  power. 

For  example :  A  1 -horse  power  boiler  will  consume  five  gallons  of 
water  per  hour,  or  fifty  gallons  per  day  of  ten  hours.  The  price  per 
1,000  gallons  to  be  charged  as  per  Meter  Rate. 

Public  buildings,  churches,  opera  houses,  and  all  uses  not  stated  to 
be  assessed  or  metered. 

All  prosecutions  for  the  violation  of  any  of  the  provisions  contained 
in  the  above  enumerated  By-Laws  and  Regulations  shall  be  prosecuted 
before  the  Mayor  of  the  City  of  Canton,  upon  complaint  in  writing  being- 
first  duly  made  and  filed  before  such  mayor,  by  any  person  or  persons. 
And  the  manner  of  procedure  thereafter  before  the  Mayor  shall  be  the 
same  as  in  other  prosecutions  for  the  violation  of  the  City  Ordinances. 
And  all  By-Laws,  Rules  and  Regulations  heretofore  made,  passed  or 
adopted,  and  now  in  force,  to  be,  and  the  same  are  hereby  repealed. 

The  Board  reserves  the  right  to  alter  and  amend  the  above  schedule 
of  rates,  as  it  may  become  necessary. 

Adopted  by  the  Board  of  Public  Service,  December  7th,  1903. 


CITY  OFFICERS 


394 


CITY  OFFICERS 


NOTE 

The  records  of  the  Trustees  of  the  Town  of  Canton  and  of  the  Coun- 
cil of  the  City  of  Canton  prior  to  the  year  1858,  were  lost  about  thirty- 
eight  years  ago  and  there  are  no  means  whereby  a  complete  list  of  the 
officers  prior  to  the  year  1858  can  be  obtained. 

The  following  is  a  list  of  the  Mayors  of  the  Town  of  Canton  and  of 
the  Mayors,  Solicitors,  City  Clerks,  Marshals,  Street  Commissioners, 
Market  Masters  and  Councilmen  of  the  City  of  Canton  so  far  as  they 
can  be  ascertained  from  the  records  preserved  in  the  City  Clerk's  office. 


• 


CITY  OFFICERS 


395 


TOWN  OF  CANTON 


MAYORS. 

John  Myers.  1838  to  1839. 
Jacob  Rex,  1839  to  1840. 
John  Myers,  1840  to  1841. 
William  Bryee,  1841  to  1842. 
Lewis  Vail,  1842  to  1844. 
Geo.  Dunbar,  Sr.,  1844  to  1845. 
Z.  Snow,  1845  to  1846. 
C.  C.  A.  Witting,  1846  to  1847. 
Daniel  Gotshall,  1847  to  l848- 

C.  C.  A.  Witting,  1848  to  1849. 

D.  H.  Harmann,  1849  to  l&5°- 
J.  G.  Lester,  1850  to  1852. 

B.  F.  Leiter,  1852  to  1853. 
John  Lahm,  1853  to  1854. 


CITY  OF  CANTON 


MAYORS. 

B.  F.  Leiter,  1854  to  1855. 

Peter  Chance,  1855  to  March,  1859. 


396 


CITY  OFFICERS 


l858. 

PETER  CHANCE,  Mayor. 

G.  W.  McMillin,  City  Clerk,  pro  tern. 


Council. 

Thomas  Goodman,  Pres.,  John  Maline, 

Lewis  Miller,  Joseph  H.  Miller, 

Adam  A.  Shorb,  William  Prince, 

Henry  Bockius,  John  R.  Poyser. 


J.  C.  BOCKIUS,  Mayor,  March,  1859,  to  April,  1859. 
H.  P.  DUNBAR,  Mayor. 
E.  M.  Grimes,  City  Clerk. 
Charles  F.  Manderson,  City  Solicitor. 
Daniel  Dewalt,  City  Marshal. 


Council. 


Thomas  Goodman,  Pres.,  Lewis  Miller, 

Joseph  H.  Miller,  Benjamin  F.  Leiter, 

Henry  Bockius,  James  S.  Rider. 

William  Prince,  John  Maline. 


CITY  OFFICERS 


397 


i860 


H.  P.  DUNBAR,  Mayor. 
E.  M.  Grimes,  City  Clerk. 
Charles  F.  Manderson,  City  Solicitor. 
Jonathan  Oldfield,  City  Marshal. 


H.  P.  DUNBAR,  Mayor,  to  May,  1861. 
S.  MEYER,  Mayor,  to  September,  1862. 

E.  M.  Grimes,  City  Clerk. 

Tames  D.  Brown,  City  Solicitor. 

Joseph  Rigler,  City  Marshal. 


Council. 


Daniel  Gotshall,  Pres., 
Lewis  Miller, 
R.  C.  Latimer, 
William  Prince, 


Daniel  Risher, 
D-  H.  Harmon, 
Lawrence  Bechel, 
John  Maline. 


1861. 


Council. 


David  H.  Harmann,  Pres., 
Daniel  Risher, 
Ignatius  Piero, 
Peter  Myers, 


John  M.  Schneider, 
Louis  Miller, 
Lorenz  Bechtel, 
William  Prince. 


398 


CITY  OFFICERS 


1862. 


S.  MEYER,  to  September,  1862. 

J.  CREVOISIE,  from  September,  1862. 

E.  M.  Grimes,  City  Clerk. 

James  D.  Brown,  City  Solicitor. 

Joseph  Rigler,  City  Marshal. 


JOSEPH  CREVOISIE,  Mayor. 
Joseph  Trout,  City  Clerk. 
James  D.  Brown,  City  Solicitor. 
Joseph  Rigler,  City  Marshal. 


Council. 


John  Maline,  Pres., 
John  M.  Schneider, 
Ignatius  G.  Piero, 
Peter  Myers, 


Isaac  Hazlett, 
Jacob  Schotts, 


Louis  Schaefer, 
Louis  Miller, 


1863. 


Council. 


Louis  Miller,  Pres., 
Jacob  Schotts, 
!  ,< mis  Schaefer, 
John  Maline, 


William  Anderson, 
Gecrge  Gibbs. 


Isaac  Hazlett, 
[gnatius  Piero, 


CITY  OFFICERS 


399 


1864. 

JOSEPH  CREVOISIE,  Mayor. 
Joseph  Trout,  City  Clerk. 
James  D.  Brown,  City  Solicitor. 
T.  C.  Nighman,  City  Marshal. 

Council. 


William  Anderson,  Pres., 
Louis  Schaefer, 
Ignatius  Piero, 
Louis  Miller, 


John  Maline, 
William  Wyant, 
Jacob  Shotts, 
Geoge  Gibbs. 


1865. 

W.  W.  CLARK,  Mayor. 
Joseph  Trout,  City  Clerk. 
Louis  Schaefer,  City  Solicitor. 
Peter  J.  Keefer,  City  Marshal. 

Council. 

George  Wolf, 
William  Wyant, 
Louis  Ohliger, 
George  Gibbs, 


William  Anderson,  Pres-, 
Jocab  Shotts, 
Louis  Schaefer, 
Nicholas  Bour, 


400  CITY  OFFICERS 


1866. 

W.  W.  CLARK,  Mayor. 
Joseph  Trout,  City  Clerk. 
Louis  Schaefer,  City  Solicitor. 
Joseph  Rigler,  City  Marshal. 

Council. 


William  Anderson,  Pres. 
George  Wolf, 
Louis  Ohliger, 

George  Gibbs, 


Henry  Deweese, 
George  Rank, 
Louis  Schaefer, 
Amos  Vogelgesong. 


1867. 

DANIEL  SAYLER,  Mayor. 
Joseph  Trout,  City  Clerk. 
William  A.  Lynch,  City  Solicitor. 
Joseph  Rigler,  City  Marshal. 

Council. 


W  illiam  Anderson,  Pres., 
I  [enry  I  )eweese, 
John  Shilling, 
Jacob  Miller, 


George  Rank, 
Louis  Schaefer, 
K.  J.  Lindeman, 
Anthony  Walter, 


CITY  OFFICERS 


401 


1868. 


DANIEL  SAYLER,  Mayor. 
Joseph  Trout,  City  Clerk. 
William  A.  Lynch,  City  Solicitor. 
George  W.  Oldfield,  City  Marshal. 


DANIEL  SAYLER,  Mayor. 
Joseph  Trout,  City  Clerk. 
William  A.  Lynch,  City  Solicitor. 
George  W.  Oldfield,  City  Marshal. 
C.  B.  Anthony,  Street  Commissioner. 


Council. 


William  H.  Wyant,  Pres., 
William  Anderson, 
John  Schilling, 
F.  J.  Lindeman, 


Jacob  Miller, 
George  Rank, 


Louis  Schaefer, 
Peter  Myers, 


1869. 


Council. 


Daniel  Worley,  Pres., 
Peter  Myers, 
Jacob  Hawk, 
F.  J.  Lindeman, 


Louis  Schaefer, 
John  Shimp, 
William  Wyant, 
James  A.  Saxton. 


402 


CITY  OFFICERS 


1870. 


DANIEL  SAYLER,  Mayor,  to  July,  1870. 

S.  SL  ANKER,  Mayor,  July,  1870,  to  September,  1870. 

H-  S.  BELDEN,  Mayor,  September,  1870,  to  1871. 

Joseph  Trout,  City  Clerk. 

William  A.  Lynch,  City  Solicitor. 

George  W.  Oldfield,  City  Marshal. 

C.  B.  Anthony,  Street  Commissioner. 


R.  S.  SHIELDS,  Mayor. 
Joseph  Trout,  City  Clerk. 
William  A.  Lynch,  City  Solicitor. 
George  W.  Oldfield,  City  Marshal. 
Isaac  J.  Numan,  Street  Commissioner. 


Council. 


Daniel  Worley,  Pres., 
William  Anderson, 
Louis  Schaefer, 
George  W.  Henning, 


J.  S.  Lindsey, 
Jacob  Hawk, 
John  Shimp, 
John  Raber. 


1871- 


Council. 


James  W.  Underhill,  Pres., 
George  Cook, 
Henry  S.  Belden, 
George  Bender, 


Louis  Schaefer, 
J.  S.  Lindsey, 
William  Anderson 
I).  YV-  Stabler. 


CITY  OFFICERS 


403 


1872. 


R.  S.  SHIELDS,  Mayor. 
Joseph  Trout,  City  Clerk. 
William  A.  Lynch,  City  Solicitor. 
George  W.  Oldfield,  City  Marshal. 
Isaac  J.  Numan,  Street  Commissioner. 


R.  S.  SHIELDS,  Mayor. 
Joseph  Trout,  City  Clerk. 
William  A.  Lynch,  City  Solicitor. 
George  W.  Oldfield,  City  Marshal. 
Levi  McKinney,  Street  Commissioner. 


Council. 


James  W.  Underhill,  Pres., 
George  Cook, 
Henry  S.  Belden, 
George  Bender, 


Ira  M.  Allen, 
Daniel  Cobaugh, 
George  Schelbach, 
D.  W.  Stabler. 


1873- 


Council. 


Ira  M.  Allen,  Pres., 
Daniel  Cobaugh, 
George  Schelbach, 
D.  W.  Stabler, 


John  Baker, 
George  Cook, 
Lawrence  Bechtel, 
Joseph  Schott. 


404 


CITY  OFFICERS 


1874. 


R.  S.  SHIELDS,  Mayor. 
Joseph  Trout,  City  Clerk. 
William  A.  Lynch,  City  Solicitor. 
George  W.  Oldfield,  City  Marshal. 
Levi  McKinney,  Street  Commissioner. 


Christian  Volzer,  elected  December  12,  1874,  unexpired  term  of  John 
Baker. 

Paul  Field,  elected  at  special  election,  David  Lind  refusing  to  serve. 


A.  D.  BRADEN,  Mayor. 

Joseph  Trout,  City  Clerk. 

Henry  A.  Wise,  City  Solicitor. 

John  Webb,  City  Marshal. 

Levi  McKinney,  Street  Commissioner. 


Council. 


James  W.  Underhill,  Pres. 


George  Cook, 
Lawrence  Bechel, 
Joseph  Schott, 
John  Baker. 


Daniel  Cobaugh, 
C.  L.  Reifsnider, 
Leopold  Biechele, 


1875- 


Council. 


James  W.  Underhill,  Pres., 
R.  A.  Cassidy, 
James  Campbell, 
Peter  E.  Barlet, 


John  Leininger, 
Daniel  Cobaugh, 
Leopold  Biechele, 
C.  L.  Reifsnider. 


CITY  OFFICERS 


405 


1876. 


A.  D.  BRADEN,  Mayor. 

Joseph  Trout,  City  Clerk. 

Henry  A.  Wise,  City  Solicitor. 

John  Webb,  City  Marshal. 

Levi  McKinney,  Street  Commissioner. 


JOHN  SHI  MP,  Mayor. 

Joseph  Trout,  City  Clerk. 

John  C.  Welty,  City  Solicitor. 

John  Webb,  City  Marshal. 

Jacob  Plunkard,  Street  Commissioner. 


Council. 


Peter  E.  Barlet,  Pres-, 
Fred.  Herbruck, 
Charles  D.  Monnot, 
Joseph  Weaver, 


R.  A.  Cassidy, 
James  Campbell, 
James  C.  Lantz, 
John  Leininger. 


1877. 


Council. 


Peter  E.  Barlet,  Pres., 
James  C.  Lantz, 
B.  F-  Rohrer, 
Joseph  Weaver, 


Henry  McCann, 
Charles  D.  Monnot, 
Ferdinand  Herbruck 
Peter  J.  Schwalm. 


406 


CITY  OFFICERS 


1878. 


JOHN  SHIMP,  Mayor. 
Joseph  Trout,  City  Clerk. 
John  C.  Welty,  City  Solicitor. 
John  Webb,  City  Marshal- 
Jacob  Plunkard,  Street  Commissioner. 


JAMES  VALLELY,  Mayor. 

Joseph  Trout,  City  Clerk. 

John  C.  Welty,  City  Solicitor. 

Louis  Rigler,  City  Marshal. 

Jacob  Plunkard,  Street  Commissioner. 


Council. 


Peter  E.  Barlet,  Pres. 
David  A.  Arter, 
Ferdinand  Herbruck, 
Peter  J.  Schwalm, 


David  Sherrick, 
Charles  D.  Monnot, 
B.  F.  Rohrer, 
Henry  McCann. 


1879. 


Council. 


George  W.  Raff,  Pres-, 


D.  A.  Arter, 
Daniel  Lanker, 
A.  O.  Slentz, 
Charles  1).  Monnot. 


B.  F.  Rohrer, 
H.  T.  Warner, 
David  Sherrick, 


CITY  OFFICERS 


407 


1880. 


JAMES  VALLELY,  Mayor. 

E.  M.  Grimes,  City  Clerk. 

John  C.  Welty,  City  Solicitor. 

Louis  Rigler,  City  Marshal. 

Jacob  Plunkard,  Street  Commissioner. 


WILLIAM  J.  PIERO,  Mayor. 

E.  M.  Grimes,  City  Clerk. 

John  C.  Welty,  City  Solicitor. 

Louis  Rigler,  City  Marshal. 

George  B.  Bender,  Street  Commissioner. 


Council. 


R.  S.  Shields,  Pres., 
John  R.  Poyser, 
D.  W.  Stabler, 
B.  F.  Rohrer, 


W.  A.  Archinal, 
A.  O.  Slentz, 
John  M.  Stevenson, 
H.  T-  Warner, 


1881. 


Council. 


R.  S.  Shields,  Pres., 
Johnson  Sherrick, 
Henry  T.  Warner, 
A.  O.  Slentz, 


William  A.  Archinal, 
John  R.  Poyser, 
John  M.  Stevenson, 
A.  D.  Coldren. 


408 


CITY  OFFICERS 


1882. 

WILLIAM  J.  PIERO,  Mayor. 

E.  M.  Grimes,  City  Clerk. 

John  C.  Welty,  City  Solicitor. 

Louis  Rigler,  City  Marshal. 

George  B.  Bender,  Street  Commissioner. 

Council. 

Henry  T.  Warner, 
Arvine  C.  Hiner, 
Abram  D.  Coldren, 
John  Murray, 
Johnson  Sherrick, 
John  P.  Rauch, 
Jacob  P.  Fawcett. 


R.  S.  Shields,  Pres., 
Mathew  Bast, 
John  C.  Stinchcomb, 
John  H.  Werner, 
William  H.  McCammon, 
William  H.  Wyant, 
George  Rex, 


1883- 

WILLIAM  J.  PIERO,  Mayor. 

E.  M.  Grimes,  City  Clerk. 

John  M-  Myers,  City  Solicitor. 

Charles  Slagel,  City  Marshal. 

George  B.  Bender,  Street  Commissioner. 


Council. 

Henry  T.  Warner, 
H.  W.  Haines, 
John  H.  Werner, 
John  Murray, 
William  H.  Wyant, 
John  P-  Rauch, 
J.  P.  Fawcett. 

I  [enry  A.  Weaver,  unexpired  term  of  William  H.  McCammon. 
John  Dine,  unexpired  term  of  John  P.  Ranch. 


R.  S.  Shields,  Pres., 
Mathew  Bast, 
Arvine  C.  Hiner, 
Stephen  Wagner, 
William  McCammon, 
John  Class, 

Alexander  I  Iowenstine, 


CITY  OFFICERS 


409 


1884. 

WILLIAM  J.  PIERO,  Mayor. 

E.  M.  Grimes,  City  Clerk. 

John  M-  Myers,  City  Solicitor. 

Charles  Slagel,   City  Marshal. 

George  B-  Bender,  Street  Commissioner. 


R.  S.  Shields,  Pres., 
John  H.  Piero, 
Michael  Adler, 
Augustus  Gachatte, 
John  Murray, 
John  Webb, 
David  Swanger, 


Council. 

Henry  T.  Warner, 
Harry  W.  Haines, 
Stephen  Wagner, 
Henry  A.  Weaver, 
John  Class, 

Alexander  Howenstine, 
J.  P.  Fawcett- 


1885. 

GEORGE  REX,  Mayor. 
E.  M.  Grimes,  City  Clerk. 
John  M.  Myers,  City  Solicitor 
Charles  Slagel,  City  Marshal. 
Alexander  Margo,  Street  Commissioner 
John  K.  Bowers,  Marketmaster. 


J.  P.  Fawcett,  Pres., 
Ignatius  G.  Maline, 
William  L.  Miller, 
Henry  Vogelgesong, 
Benjamin  F.  Rohrer, 
Charles  R.  Frazer, 
Mathew  E.  Meek, 


Council. 

John  H.  Piero, 
Michael  Adler, 
Augustus  Gachatte, 
John  Murray, 
John  Webb, 
David  Swanger, 


Samuel  J.  Roberts, 

Azariah  W.  Conger,  unexpired  term  of  Benjamin  F.  Rohrer,  elected  Sep- 
tember 14,  1885. 


410 


CITY  OFFICERS 


1886. 

GEORGE  REX,  Mayor. 

E.  M.  Grimes,  City  Clerk. 

John  M.  Myers,  City  Solicitor 

Charles  Slagel,  City  Marshal. 

Alexander  Margo,  Street  Commissioner. 

John  K.  Bowers,  Marketmaster. 


Council 


Charles  R-  Frazer,  Pres., 
John  W.  Walser, 
William  V olkman, 
Augustus  Gachatte, 
Albert  Ringle, 
Mathew  E.  Meek, 
Samuel  J.  Roberts, 


Ignatius  G.  Maline, 
William  Miller, 
Henry  Vogelgesong, 

A.  W.  Conger, 
Louis  Loichot,  Jr., 
John  E.  Dine, 

B.  F.  Schwier. 


1887. 

JOHN  F.  BLAKE,  Mayor. 
E.  M.  Grimes,  City  Clerk. 
Atlee  Pomerene,  City  Solicitor. 
David  Pletcher,  City  Marshal. 
John  E.  Dine,  Street  Commissioner- 
John  Barry,  Marketmaster. 


Daniel  Worley,  Pres., 
William  Volkman, 
Augustus  Gachatte, 
Albert  Ringle, 
Louis  Loichot, 
John  lv  Dine, 
Benjamin  F.  Schwier, 

John  J.  Adams, 


Council. 

John  W.  Walser,  - 
Henry  G.  Schaub, 
Henry  Vogelgesong, 
Jules  Py, 
( ).  A.  Essig, 
Charles  H.  Henderson, 
W  illiam  L,.  Alexander. 

unexpired  term  of  John  K.  Dine,  resigned. 


Emile  \)* «ize,  to  fill  unexpired  terra  of  Henry  G.  Schaub. 


CITY  OFFICERS 


411 


1888. 

JOHN  F.  BLAKE,  Mayor. 
Henry  G.  Schaub,  City  Clerk. 
Atlee  Pomerene,  City  Solicitor. 
David  Pletcher,  City  Marshal. 
John  E.  Dine,  Street  Commissioner- 
John  Barry,  Marketmaster. 

Council. 

Joseph  H.  Dumoulin, 
William  Volkman, 
Gustave  A.  Fries, 
Albert  Ringle, 

Louis  A.  Loichot,  Pres.,  June  4/88, 
John  J.  Adams, 
Paul  Field. 

Louis  Hoffman,  elected  May  14,  1888,  to  fill  unexpired  term  of  Daniel 
Worley. 


Daniel  Worley,  Pres., 
E.  J.  Donze, 
Henry  Vogelgesong, 
Jules  Py, 
O  A.  Essig, 
Charles  H.  Henderson, 
W.  L.  Alexander, 


Louis  A-  Loichot,  Pres., 
Paul  Gschwend, 
E.  J.  Donze, 
Orville  L.  Slentz, 
Jules  Py, 
J.  J.  Adams, 
Paul  Field, 

Martin  Henry  elected  October  9,  1 
Volkman. 


1889. 

JOHN  F.  BLAKE,  Mayor. 
Henry  G.  Schaub,  City  Clerk. 
Atlee  Pomerene,  City  Solicitor. 
William  Gentry,  City  Marshal. 
John  E.  Dine,  Street  Commissioner- 
John  Barry,  Marketmaster. 

Council. 

J.  H.  Dumoulin, 


William  Volkman, 
Gustave  A.  Fries, 
Albert  Ringle, 
O.  A-  Essig, 
John  Duffy, 
Frederick  Lied. 
,  to  fill  the  unexpired  term  of  William 


412 


CITY  OFFICERS 


189O. 


JOHN  F.  BLAKE,  Mayor. 
Henry  G.  Schaub,  City  Clerk. 
Atlee  Pomerene,  City  Solicitor. 
William  Gentry,  City  Marshal. 
John  E.  Dine,  Street  Commissioner- 
John  Barry,  Marketmaster. 


Council. 


J.  H.  Dumoulin,  Pres.,  ' 
Martin  Henry, 
Gu stave  A.  Fries, 
J.  A.  Russell, 
Nicholas  Guirlinger, 
F-  Joseph  Wagner, 
W.  E.  Sefton, 


E.  J.  Donze, 
O.  L.  Slentz, 
Jules  Py, 


O.  A.  Essig, 
John  Duffy, 


Frederick  Lied, 
Paul  Gschwend. 


CITY  OFFICERS 


413 


189I. 


JOHN  F.  BLAKE,  Mayor. 


J.  W-  Barnaby,  City  Clerk,  resigned  April  30,  1891. 

George  W.  Yohe,  City  Clerk,  June  23,  1891. 

William  Lichtenwalter,  City  Clerk. 

Thomas  F.  Turner,  City  Solicitor. 

William  Gentry,  City  Marshal. 

Henry  Leonard,  Street  Commissioner. 

Benjamin  McCloud,  Marketmaster. 


Council. 


W.  E.  Sefton,  Pres-, 
Joseph  A.  Linville, 
Anthony  Francis, 


J.  H.  Dumoulin, 
Martin  Henry, 
Gustave  A.  Fries, 
John  A-  Russell, 
Nicholas  Guirlinger, 
F.  Joseph  Wagner, 
J.  M.  Campbell. 


David  L.  Miller, 


George  W.  Trump, 
A.  Best, 


William  B.  Dager, 


414 


1  C> . ;  * 

CITY  OFFICERS 


1892. 

JOHN  F.  BLAKE,  Mayor. 
William  Lichtenwalter,  City  Clerk. 
Thomas  F.  Turner,  City  Solicitor. 
Wm.  A.  Gentry,  City  Marshal. 
Henry  Leonard,  Street  Commissioner- 
Benjamin  McCloucl,  Marketmaster. 


J.  A.  Linville,  Pres., 
Henry  T.  Warner, 
Will  H.  Cooper, 
A.  Francis, 
Edward  Sexauer, 
D-  L.  Miller, 
G.  Eicher, 


Council. 

G.  W.  Trump, 
C.  W.  Dahinden, 
A.  M.  Best, 
F.  Joseph  Wagner, 
W.  Dager, 
Henry  Detmering, 
J-  M.  Campbell. 


CITY  OFFICERS 


415 


1893. 


ROBERT  A.  CASSIDY,  Mayor. 
H.  G.  Schaub,  City  Clerk. 
Peter  J.  Collins,  City  Solicitor. 
Samuel  Becherer,  City  Marshal. 
Henry  Leonard,  Street  Commissioner. 
Adam  Thorn,  Marketmaster. 


Council. 


Henry  T.  Warner,  Pres., 
Henry  Weber, 


W.  E.  Young, 
C-  W.  Dahinden, 
August  Demeusy, 
F.  Joseph  Wagner, 
B.  F.  Faust, 
Henry  Detmering, 
J.  M.  Campbell. 


Will  H.  Cooper, 
W.  W.  Fielding, 
Edward  Sexauer, 
Gustave  A.  Fries, 
G.  Eicher, 


416 


CITY  OFFICERS 


1894. 


ROBERT  A.  CASSIDY,  Mayor. 
H.  G.  Schaub,  City  Clerk. 
Peter  J.  Collins,  City  Solicitor. 
Samuel  Becherer,  City  Marshal. 
Henry  Leonard,  Street  Commissioner. 
Adam  Thorn,  Marketmaster. 


Council. 


G.  A.  Fries,  Pres., 
Henry  Weber, 


W.  E.  -Young, 
Arthur  Boylan, 
August  Demeusy, 
Ed.  J.  Rex, 
B-  F.  Faust, 
J.  N.  McQuern, 
Henry  Detmering. 


Geo-  C.  Lindsay, 
W.  W.  Fielding, 
Will  H.  Cooper, 
Edward  Sexauer, 
J.  M.  Campbell, 


CITY  OFFICERS 


417 


1895. 


JAMES  A  RICE,  Mayor- 

F.  H.  Belden,  City  Clerk. 

Harry  E.  Webber,  City  Solicitor. 

W.  H.  Reed,  City  .Marshal. 

Harry  H.  Hill,  Street  Commissioner. 

Benjamin  McCloud,  Marketmaster. 


Council. 


Henry  Detmering,  Pres., 

Dr.  A.  V.  Smith, 

Geo.  C.  Lindsay, 

W.  C.  Weirick, 

Will  H-  Cooper, 

W.  E.  Archer, 

Ed.  Sexauer, 


J.  N-  McQuern, 
W.  P.  Hall. 


Ed.  J.  Rex, 
A.  Demeusy, 


H.  A.  Smith, 
Arthur  Boylan, 
W.  E.  Young-, 


418 


CITY  OFFICERS 


1896- 


JAMES  A  RICE,  Mayor- 

F.  H.  Belden,  City  Clerk. 

Harry  E.  Webber,  City  Solicitor. 

W.  H.  Reed,  City  Marshal. 

Harry  H.  Hill,  Street  Commissioner. 

Benjamin  MeCloud,  Marketmaster. 


Council. 


W.  E.  Young,  Pres., 
Peter  J.  McDonough, 
W.  C.  Weirich, 
Geo.  C-  Lindsay, 
W.  E.  Archer, 
Charles  Walther, 
H.  A.  Smith, 


Arthur  Turnbull, 
A.  Demeusy, 
George  Au, 
W.  P.  Hall, 
Fred  Wilhelm, 
Dr.  A.  V.  Smith, 
James  M.  Fife. 


CITY  OFFICERS 


419 


1897. 


JAMES  A  RICE,  Mayor- 
Louis  N-  Ley,  City  Clerk. 
Ed.  L.  Smith,  City  Solicitor. 
W.  H.  Reed,  City  Marshal. 
Harry  H.  Hill,  Street  Commissioner. 
Benjamin  McCloud,  Marketmaster. 


Council. 


Arthur  R.  Turnbull,  Pres., 


Geo.  Au, 


W.  E.  Streiber, 
Geo-  C.  Lindsay, 
M.  J.  Hogan, 


John  Cummins, 
Fred.  Welhelm, 
B.  F.  Faust, 


Charles  Walther, 
Adam  Schissler, 


Peter  J.  McDonou^h, 


James  M.  Fife, 
Dr.  A.  V.  Smith, 
A-  H.  Eckhardt. 


420 


CITY  OFFICERS 


1898. 

JAMES  A  RICE,  Mayor- 
Louis  N-  Ley,  City  Clerk. 
Ed.  L.  Smith,  City  Solicitor. 
W.  H.  Reed,  City  Marshal. 
Harry  H.  Hill,  Street  Commissioner. 
Benjamin  McCloud,  Marketmaster. 

Council. 

Arthur  R.  Turnbull, 
A-  H.  Eekhart, 
Peter  McDonough, 
John  Cummins, 
Keller  E.  Huff, 
Dr.  A.  V.  Smith, 
John  F.  Buchman. 


B.  F.  Faust,  Pres., 
Fred.  Wilhelm, 
M.  J.  Hogan, 
John  B.  Gravis, 
Adam  Schissler, 
Peter  Obringer, 
W.  E.  Streiber. 


CITY  OFFICERS 


421 


189Q. 


JAMES  H.  ROBERTSON,  Mayor. 
Louis  N-  Ley,  City  Clerk. 
Ed.  L.  Smith,  City  Solicitor. 
David  M.  Reinhart,  City  Marshal. 
David  S.  Sommer,  Street  Commissioner. 
Benjamin  McCloud,  Marketmaster. 


Council. 


Arthur  R.  Turnbull,  Pres., 


A.  H.  Eckhardt, 
Keller  E.  Huff, 
John  Cummins, 
Fred.  Wilhelm, 
L-  M.  Killian, 
John  F.  Buchman, 
John  T.  Schroyer. 


W.  E-  Streiber, 
John  B.  Gravis, 
J.  A.  Bernower, 
Peter  Obringer, 
Adam  Schissler, 


Peter  J.  McDonough, 


422 


CITY  OFFICERS 


1900. 


JAMES  H.  ROBERTSON,  Mayor. 
Louis  N-  Ley,  City  Clerk. 
Ed.  L.  Smith,  City  Solicitor. 
David  M.  Reinhart,  City  Marshal. 
David  S.  Sommer,  Street  Commissioner. 
Frank  Williams,  Marketmaster. 


Council. 


A.  H.  Eckhardt,  Pres., 


Adam  Thomas, 
John  Cummins, 
Keller  E.  Huff, 
L.  M.  Killian, 


Nicholas  Dickes, 
J.  A.  Bernower, 
John  B.  Gravis, 
Adam  Schissler, 
Geo.  H.  Leggett, 
W-  E.  Streiber, 


Ray  F.  Harbert, 
John  T.  Schroyer, 


Wm.  W.  Marshall. 


CITY  OFFICERS 


423 


1901. 


JAMES  H.  ROBERTSON,  Mayor. 
Charles  C-  Loyd,  City  Clerk. 
Denver  C.  Hughes,  City  Solicitor. 
Edward  B.  Bour,  City  Marshal. 
David  S.  Sommer,  Street  Commissioner. 
Frank  Williams,  Marketmaster. 


Council. 


Geo.  H.  Leggett,  Pres., 


John  Stein, 
Keller  E.  Huff, 
Wm.  Lichtenwalter, 
Ray  F.  Harbert, 
L.  M.  Killian, 
Wm.  W.  Marshall. 
John  T.  Schroyer- 


Chas-  F.  Haines, 
John  B.  Gravis, 
George  Good, 


Adam  Thomas, 
Arthur  R.  Turnbull, 
Nicholas  Dickes, 


424 


CITY  OFFICERS 


1902. 

JAMES  H.  ROBERTSON,  Mayor. 
Denver  C.  Hughes,  City  Solicitor. 
Charles  C-  Loyd,  City  Clerk. 
Edward  B.  Bour,  City  Marshal. 


George  W.  Good,  Pres., 

R.  F.  Barnett, 

C.  F.  Haines, 

Paul  Joliat, 

Ray  F.  Harbert, 

L.  M.  Killian, 

W.  M.  Marshall, 


Council. 

David  Owen, 
T.  P.  Paxson, 
William  Schumacher, 
John  Stein, 
John  T.  Schroyer, 
A.  R.  Turnbull, 
William  Lichtenwalter. 


CITY  OFFICERS 


425 


1903. 

W.  H.  SMITH,  Mayor. 
Denver  C.  Hughes,  City  Solicitor. 
Charles  C-  Loyd,  City  Clerk. 
A.  Ashbrook,  City  Auditor. 
T.  J.  Bidwell,  City  Treasurer. 


Council. 


George  H.  Leggett,  Pres., 
J.  A.  Brooks, 
R-  F.  Barnett, 


August  Garaux, 
Paul  Joliat, 
W.  A.  Lynch, 
David  Owen, 
William  Wagner, 


Silas  Croft, 
S.  W.  Hall, 


426 


CITY  OFFICERS 


I9C4. 

W.  H.  SMITH,  Mayor. 
Denver  C.  Hughes,  City  Solicitor. 
Charles  C-  Loyd,  City  Clerk. 
A.  Ashbrook,  City  Auditor. 
T.  J.  Bidwell,  City  Treasurer. 


Council. 

Geo.  H.  Leggett,  Pres.,  S.  W.  Hall, 

J.  A.  Brooks,  Paul  Joliat, 

R-  F.  Barnett,  W.  A.  Lynch, 

Silas  Croft, .  David  Owen, 

August  Garaux,  William  Wagner. 


CITY  OFFICERS 


427 


1905. 

W.  H.  SMITH,  Mayor. 
Denver  C.  Hughes,  City  Solicitor. 
Charles  C-  Loyd,  City  Clerk. 
A.  Ashbrook,  City  Auditor. 
T.  J.  Bidwell,  City  Treasurer. 


Council. 


George  H.  Leggett,  Pres., 
J.  A.  Brooks, 
R.  F-  Barnett, 
E.  S.  Folk, 
S.  W.  Hall, 


Paul  Joliat, 
W.  A.  Lynch, 
David  Owen, 
Fred.  H.  Sanders, 
J.  P-  Williams. 


428 


CITY  OFFICERS 


I906. 


A.  R-  TURNBULL,  Mayor. 
W.  L.  Day,  City  Solicitor. 
Charles  C-  Loyd,  City  Clerk. 
A.  Ashbrook,  City  Auditor. 
T.  J.  Bidwell,  City  Treasurer. 


Council. 


George  H.  Leggett,  Pres., 
Ira  A.  Aungst, 
J.  A.  Brooks, 
E.  S.  Folk, 
S.  W.  Hall, 


G.  J-  Naftzger, 
David  Owen, 


Fred.  H.  Sanders, 


M.  L.  Smith, 
J.  P.  Williams. 


INDEX 


A 

PAGE  SECTION 

ABUSING  FAMILY— 

See   84  210 

ADVERTISING  MATTER — 

See  Bills  

AMERICAN  RAPID  TELEGRAPH  CO.— 

Franchise  of   300 

ANIMALS— 

Horses  and  mules  to  be  securely  fastened   5  1 

Penalty   5  1 

Stallions  not  to  be  put  to  mares  except   5  2 

Penalty    5  2 

Not  to  run  at  large   6  3 

Bitch  dogs  not  to  run  at  large   8  10 

Penalty    8  11 

Hitching  horses  to  trees   92  247 

Hitching  horses    96  266 

Dead    105  301 

Transporting  same   105  302 

Cruelty  to    9  14,  1 5 

Definition  of  certain  words   9  16 

Impounding  :   6  4 

Dogs  not  allowed  in  public  parks   112  329 

Mules  (see  mules)  

Cows  (see  cows)   

Cattle  (see  cattle)  

AREAS— 

Projected  into  sidewalks  must  be  protected  by  railing.  .  165  487 
ASHES— 

See  rubbish   


432 


INDEX 


PAGE  SECTION 

ASSAULT  AND  BATTERY — 

Defined  and  penalty   89  232 

ASSISTANT  CHIEF  OF  THE  FIRE  DEPARTMENT— 

Salary    53  124 

AUCTIONEERS— 

Auctioneer  defined   10  18 

License    10  20 

Penalty    10  19 

How  license  obtained   10  20 

AUDITOR— 

To  destroy  coupon  bonds  when   22  53 

Bond  record  to  be  kept  by   22  54 

Registry  of  bonds   23  56 

Bond  of   38  84 

Duties  of    38  84 

Salary  of.   38  84 

Bonds  to  be  recorded  by   38  85 

Certified  copies  of  bonds  shall  be  made  by,  when   38  86 

AUTOMOBILES — 

Rate  of  speed  of   12  23 

Lights,  bells,  brake  and  gong  to  have   12  24 

Frightened  horses   12  25 

Keeping  to  right  side   13  26 

Processions    13  27 

Penalty    13  28 

Registering  and  numbering   13,  14  29 

Penalty    14  31 

Mayor's  duties    14  30 

AWNINGS— 

Construction  of   161  474 

B 

BALL  PLAYING— 

Playing  in  streets    97  272 


index  433 


PAGE  SECTION 

BARNS — - 

Unlawful  entering   93  250 

BATHING  IN  CREEKS — 

At  certain  times  unlawful   88  227 

BENZINE— 

See  Gasoline   

BEGGARS— 

Unlawful  to  be  such   86  217 

BENCH  MARK— 

See   15  32 

BIRTHS— 

Physicians  and  midwives  to  report  same   140  411 

BITCH  DOGS— 

Not  to  run  at  large   8  10 

Penalty   8  11 

BICYCLES— 

Keep  to  right  side   13  26 

Rules  as  to  running  of  same   16  33 

Speed  of  same   16  33 

Riding  on  sidewalk    16  33 

Scorching  and  coasting   16  33 

Turn  to  the  right  side   16  33 

Turn  to  left  when  passing   16  33 

Penalty    16  3 

Two  abreast    17  35 

Bell    17  36 

Keep  to  right    17  37 

Fire  apparatus  must  avoid   17  38 

Penalty    18  39 

BILLS—  ' 

License  to  post  same   19  40 

License  fee  for   19  41 

License  not  transferable   19  42 

.Shall  wear  badge   20  43 


434 


INDEX 


PAGE  SECTION 

Penalty    20  44 

Exception    20  45 

Unlawful  to  scatter  bills,  etc.,  without  permit   20  46 

Permits  for  same  to  be  issued  by  the  Mayor   20  47 

Scattering  bills,  etc.,  on  private  premises   20  48 

Penalty    21  49 

Sample  packages  distributing   21  50 

Penalty    21  51 

Sticking    93  251 

BILL  POSTING— 

See  bills   

BOOKS— 

Obscene    86  218 

Penalty   86  219 

BOYS— 

Not  to  be  on  streets  at  night   82  197 

Arrest  of   82  200 

BONDS— 

Registered  bonds    22  52 

Cancellation  and  destruction  of  coupon  bonds   22  53 

Bond  record   22  54 

Interest  and  principal  on  registered  bonds   23  55 

Registered  bonds  how  transferred   23  55 

Auditor's  duty   23  56 

Registered  bonds  how  registered   23  517 

Registered  bonds  how  issued   23  58 

Court  proceedings  bonds  in   23  59 

BOARD  OF  PUBLIC  SAFETY — 

Number  of   41  93 

How  appointed   41  93 

Term  of  Office   41  93 

Bonds  of   41  94 

Duties   41  94 

Salary   41  94, 

Duties  of  in  police  department   119  346 

Duties  of  in  connection  with  fire  department   54  [25 


INDEX  435 


BOARD    OF    EXAMINERS    OF    INSECURE    AND  UNSAFE 

BUILDINGS                                                                                PAGE  SECTION 

How  appointed                                                            28  65 

Term  of  service                                                            28  65 

Duties  of                                                                   28  66 

Clerk  of  Council  secretary  thereof                                29  68 

BOARD  OF  PUBLIC  SERVICE— 

Duties  of  in  connection  with  moving  buildings  29  70 

Bonds  of                                                                   40  92 

Duties  of                                                                   40  92 

Salaries  of                                                                 40  92 

Number  of                                                                40  (  92 

Term  of  office  of                                                        40  92 

Amending  plats  duties  of  as  to                                      116  340 

Completion  of  plans  by,  notice  to  be  given                   116  341 

Sessions  of  same  as  platting  commission                      116  341 

Filing  of  plans  by,  as  platting  commission                      116  341 

Schedule  of  prices  for  house  connections  with  sewers, 

to  be  fixed  by                                                    156  458 

Market  house  stalls,  to  issue  license  for                            75  181 

Must  approve  outside  space  for  market  at  market  house    73  174 

Stalls  at  market  house  to  be  offered  at  public  sale  by.  .73  174 

Days  and  hours  of  marketing  to  be  fixed                        73  174 

BOARD  OF  HEALTH— 

General  Powers                                                          131  376 

Resolutions  ci  to  have  effect  of  ordinances                     131  376 

Shall  recommend  measures  to  council                         132  377 

Composition  of                                                          130  372 

Term  of  office  of                                                         130  373 

Inspection  powers  of  ,                135  392 

Epidemic  of  small-pox,  power  to  prevent                         136  395 

Contagious  and  infectious  diseases  to  be  reported  to.  .  .  137  40G 

Rules  and  regulations  of   327 

Nuisances,  rules  of  as  to   331 

.  Privy  vaults,  rules  as  to   333 


436 


INDEX 


PAGE  SECTION 

Vaults  and  sinks  abandoned,  rules   333 

Scavengers'  carts   333 

Privies,  sinks,  cesspools,  etc.,  rules  of  as  to   333 

Markets,  rules  as  to   334 

Tenement  houses,  rules  oi  as  to   335 

Vaccination   337 

Hydrophobia   338 

Deaths,  reporting  of   338 

Burial  permits   338 

Officers  of   339 

Health  officer,  duties  of   339 

.Clerk  of   340 

City  Physician   340 

Slaughter  houses   341 

Creeks,  befouling  same   341 

Sewers,  drains,  etc   341 

Contagious  diseases   342 

Dead  bodies,  transportation  of   346 

Waste  water  and  filth  in  streets   347 

Filth  and  rubbish  in  alleys   347 

Sanitary  police   348 

Misdemeanors   348 

Inspection  of  public  buildings   351 

Inspection  of  provisions   351 

Provisions,  sale  and  inspection  of   351 

Milk   353 

Nuisances,  abatment  of   354 

Dairies,  inspection  of   357 

Inspector  of  foods,  slaughter  houses,  shops  and  dairies.  .358 

Tickets  of  milk  dealers   360 

Inspector  of  foods,  slaughter  houses  and  dairies   360 

Milk  dealer  permit   361 

Milk  inspector  to  issue   362 

Construction  of  sewers  and  drains,  penalty   363 

BREWERIES — 


Not  to  permit  any  foul  substance  to  flow  therefrom.  .  .  104  298 


INDEX 


437 


PAGE  SECTION 

BURIALS — 

See  Public  Health. 
BUILDINGS— 


91 

245 

Marking  of  same  

93 

252 

94 

259 

Material  for  to  be  lighted  

96 

270 

Not  to  be  entered  when  persons  sick  therein  with  cer- 

tain diseases  

25 

uu 

t  t         „r   _  1  j      r  1  "1  J  •  .            ,  •  1 

26 

61 

Penalty  

27 

62 

Space  to  be  occupied  when  building  

26 

61 

26 

61 

27 

63 

27 

63 

27 

64 

28 

65 

28 

66 

28 

67 

Moving  buildings,  license  and  bond  for   

29 

69 

29 

70 

29 

70 

29 

70 

Penalty  

30 

7i 

BURGLARS — 

Habitual  resort  for   102  287 

BUTTER — 

Unwholesome,  sale  of  prohibited   135  391 

BUCKLER  &  GIBBS  PLOW  CO.— 

Franchises  to  construct  switch   277 

Franchise  of    277 

C 


CAPTAINS  OF  THE  FIRE  DEPARTMENT— 
Number  of   


53 


124 


438 


INDEX 


PAGE  SECTION 

Salaries  of    53  124 

CAPTAINS  OF  POLICE — 

Salary  of    118  344 

Bond  and  oath  of   118  345 

CANTON  STREET  RAILWAY— 

Franchise  of    192 

Franchise  of   198 

Franchise  of  on  Cleveland  Avenue   200 

Amendment  of  franchise  of   202 

Franchise  to  use  electricity  as  motive  power   203 

CANTO N-MASSILLON  ELECTRIC  RAILWAY  CO.— 

Franchise  to  extend  tracks  Ion  Lake  Street    223 

Franchise  to   build   additional  tracks   between  public 

square  and  lake  curve    225 

Extension  of  franchises  of    227 

Route  ordinance    229 

Franchise  on  same   233 

CANTON-AKRON  RAILWAY  CO.— 

Route  No.  5,  establishing  of   229 

Francise  of  same    233 

Franchise  to  double  track  Market  street    236 

Blanket  franchise    239 

To  double  track  Mahoning  street   249 

Establishing  Route  No.  6   251 

Franchise  on  same   255 

CANTON  &  WAYNESBURG  RAILWAY  CO.— 

Franchise  of    264  65 

CANTON  WROUGHT  IRON  BRIDGE  CO.— 

Switch  franchise  ot    276 

CANTON  LIGHT,  HEAT  &  POWER  CO.— 

Franchise  of   283 

CANTON  GAS  FUEL  CO.— 

Franchise  of    291 


INDEX  439 

PAGE  SECTION 

CARROLL  COUNTY  TELEPHONE  CO.— 

Franchise  of   311 

CATTLE— 

Not  to  run  at  large    6  5 

CELLAR— 

Not  to  become  offensive   104  297 

CEMETERY— 

Destroying  or  defacing  enclosure    92  248 

Sexton's  duty  as  to  burial  of  bodies    133  382 

Monthly  report  of  Sexton  to  Health  officer    133  383 

Grave  stones  destroying   92  248 

CESS-POOLS— 

In  certain  cases   154  449 

Not  allowed  where   154  452 

Regulations  of  Board  of  Health  as  to                         .  331 

CENTRAL  UNION  TELEPHONE  CO.— 

Franchise  of   307 

CHILDREN— 

On  streets  at  night   82  200 

Insulting  language  by  boys    81  195 

Not  to  be  on  streets  later  than  8  P.  M.  in  winter  and 

9  P.  M.  in  summer    82  200 

Parents'  duty   83  202 

Cigarettes  unlawful  to  use    83  203 

CHIEF  OF  POLICE— 

Duty  to  take  up  and  impound  animals  in  certain  cases.  .  6  4 

Penalty   6  4 

To  impound  animals  when   7  7 

Judgment  on  same   7  8 

To  sell  same  to  satisfy  judgment    7  8 

Fees  of  officer  for  impounding   7  9 

To  impound  bitch  dogs   8  12 

Duties  of  when  bitch  dogs  kept  or  harbored   8  13 


440 


INDEX 


PAGE  SECTION 

Penalty    8  13 

To  see  license  or  permit  issued  for  exhibition  of  shows, 

etc   50  117 

Right  to  enter  building  where  show  is  exhibited   50  117 

Jurors  to  serve  with  notice    70  168 

Panel  to  fill  how   71  171 

Special  venire  to  serve    71  172 

Duty  in  certain  cases    80  189 

To  enforce  provisions  of    80  189 

Duty  arrest  boys  when   82  199 

Duty  to  arrest  wrongdoers   94  257 

Certain  duties  to  be  performed  regarding  processions.    96  268 

Pawnbroker's  record,  right  to  inspect   114  336 

May  compel  pawnbroker  to  produce  articles  pawned..  114  336 

Salary  of   118  344 

Bond  and  oath  of    118  345 

Prisoners'  food  for,  to  be  provided  by    129  368 

Food  for  same,  how  paid  for    129  369 

CHARGES — 

How  investigated    43  101 

Subpoenas  to  be  issued    43  .  101 

Subpoenas  how  served    43  101 

Witnesses  to  attend  and  answer    44  102 

CHIEF  OF  THE  FIRE  DEPARTMENT— 

Salary  of   51  124 

To  inspect  premises    54  127 

To  keep  record  of  inspection   54  128 

To  inspect  houses,  etc   56  131 

Permit  to  be  granted  by  for  keeping  of  explosives   122  355 

Permit  to  keep  dynamite  to  be  granted  by   124  357 

Premises,  may  search  when  without  warrant   125  359 

CHARITIES,  ASSOCIATION  OF— 

Funds  from  Houtz  poor  fund  to  receive   66  157 

CITY  PHYSICIAN— 

Duties  of    340 

Term  of    339 


INDEX  441 


PAGE  SECTION 

CITY  LIMITS — 

Defined                                                                      31  72 

Duties  of  City  Solicitor  as  to                                          31  72 

CITY  SOLICITOR— 

Bond  of                                                                      37  83 

Duties  of                                                                  37  83 

Salary  of                                                                      37  83 

Prosecutor  of  police  court                                            37  83 

CITY  CIVIL  ENGINEER — 

Maps,  charts,  surveying  instruments,  etc.,  to  be  in  his 

charge                                                                   42  95 

Duties  of                                                                    42  96 

Intrusions  to  be  reported  by                                          43  97 

Annual  report                                                            43  98 

Not  to  be  interested  in  contracts                                    43  99 

Notice  to  be  given  to  of  the  laying  of  gas  or  water  pipe.    99  283 

Opinion  as  to  nuisance    103  291 

Plans  of  platting  commission  to  be  filed  in  office  of.  .  116  341 

Sewer  builders'  application  for  license    146  422 

Sewers  to  be  under  control  of   146  421 

Plans  and  drawings  for  sewers  when   147  424 

Sewer  permits,  to  report  concerning  same   148  426 

Moneys  received  for  sewer  permits,  how  disposed  of.  .  147  423 
Drawings  and  descriptions  of  plumbing,  etc.,  to  be  filed 

with    147  424 

Plumbing  fixtures,  to  have  access  to   147  424 

Powers  in  connection  with  quality  of  sewer  pipe   147  425 

Location  of  sewers  to  be  given  by   148  426 

To  have  access  to  sewers    155  453 

Examination  of  pipes  and  fixtures  to  be  made  by   155  454 

Lots  and  blocks  to  be  divided  by,  for  numbering  pur- 
poses   170  508 

New  blocks  and  buildings  to  be  numbered  by   170  509 

Owners  failing  to  number  buildings,  duties  of  engineer.  170  510 

Interference  with    95  264 


442 


INDEX 


PAGE  SECTION 


Grades  for  sidewalks  to  be  given  by   162  477 

Sidewalks  to  be  constructed  and  repaired  under  super- 
vision of    162  477 

Dangerous  sidewalks,  duties  as  to   163  480 

Sidewalk  inspector    160  469 

CIGARETTES — 

Use  of   83  203  . 

CITY  LIGHTS— 

Policemen  to  report  as  to   120  350 

CITIZENS'  LIGHT,  HEAT  &  POWER  CO.— 

Franchise  of   :  .  . .  .  286 

CLERK  OF  THE  COUNCIL— 

Building  permits  to  be  issued  by   25  60 

Fees  therefor   27  63 

Record  of  same  to  be  made  by   27  64 

Secretary  of  board  of  insecure  and  unsafe  buildings.  .  29  68 

Shall  insert  certain  requirements  in  advertisement   43  105 

Certain  matters  to  be  published  by,  unless  paid  for  in 

advance     47  109 

CLAIMS — 

Detailed  accounts  required    47  106 

Accounts  not  to  be  referred  or  paid,  unless  made  in  cer- 
tain form    47  107 

Ordinances,  notices,  resolutions,  etc.,  in  certain  cases, 

publication  of  same,  how  paid  for   47  108 

Clerk  of  the  council  not  to  publish  except   47  109 

CLEVELAND  &  CANTON  RAILROAD  CO.— 

Dannemiller  franchise  of    274 

Mulberry  Street  franchise  of    275 

Oak  Street  franshise  of    275 

Elbel  switch  franchise  of    276 

coal- 
To  be  weighed  by  weigh  master    183  546 

Not  to  be  placed  on  sidewalk   164  482 


index  443 


PAGE  SECTION 

Coal  wagons  to  be  weighed  and  marked   184  548 

COASTING— 

See  Sidewalks  and  Misdemeanors. 

COWS- 
Excepted  when    6  5 

Penalty    6  5,6 

coupon  bonds- 
How  destroyed    22  53 

COSTS— 

Shall  belong  to  City    34  74 

COUNCIL— 

Composition  of    40  89 

.Qualifications  of    40  89 

Number  of  members  of   40  89 

Term  of  office    40  90 

How  elected    40  90 

Councilmen  at  large   40  90 

Ward  councilman    40  90 

Bonds    40  91 

Salaries   40  91 

Board  of  Public  Safety,  duty  to  confirm   41  93 

Plans  of  platting  commission,  duty  as  to...   116  341 

CORPSE— 

Care  and  disposition  of  when  death  caused  by  certain 

diseases   138  404 

Not  to  be  shipped  without  permit   139  407 

Not  to  be  conveyed  in  certain  vehicles   139  408 

CORONER— 

To  report  death  from  violence   140  413 

CONNOTTON  NORTHERN  RAILWAY  CO.— 

Franchise  of   265 

%fy    267 


444 


INDEX 


CONNOTTON  VALLEY  &  STRAITSVILLE 

RAILROAD  CO.—  page  section 

PVanchise  of   268  . 

CONNOTTON  VALLEY  RAILWAY  CO.— 

Franchise  of   269 

CONTAGIOUS  DISEASES— 

See  Public  Health.    Diseases.    Regulations  of  Board  of 
Health  as  to   342 

CREEKS— 

Bathing  in  Prohibited  except   88  227 

Penalty  for  same   88  228 

Befouling   341 

CROSS-WALKS — 

Stopping  or  standing  on   97  271 

CRUELTY  TO  ANIMALS— 

Overdriving  animals   9  14,15 

Cruelty  treating   9  14,15 

Penalty   9  17 

Definition  of  certain  terms   9  16 

CRIMINAL  PROCEDURE— 

Criminal  prosecution  instituted  and  conducted  how.  ...  49  110 

Warrants,  recognizances,  etc   49  111 

Civil  action  to  collect  fines   49  112 

Ordinances  how  enforced   49  113 

CROSSINGS— 

Connected  with  sidewalks,  how   160  468 

D 

DAIRIES— 

Inspection  of   357 

Inspector  of  appointed  and  duties   358 

DEAD  ANIMALS— 

Not  to  be  placed  on  public  or  private  ground   105  301 

Transporting  through  street   105  302 


INDEX  445 


PAGE  SECTION 

Owner  to  bury   107  314 

DEATHS— 

Physicians  to  report  same   140  412 

Coroner  to  report  certain  deaths   140  413 

Regulations  of  Board  of  Health  as  to   338 

Burial  permits   338 

DISEASES — 

Unlawful  to  introduce  dangerous   135  394 

See  "Diseases"  under  Public  Health. 

See  Rules  of  Board  of  Health. 
DISORDERLY  CONDUCT— 

Disturbing  peace  by   79  186 

Penalty  for  second  offense   79  187 

DISTRIBUTING  BILLS — 

See  bills. 

DISORDERLY  HOUSES   87  222,22$ 

Penalty   87  224 

DIEBOLD  SAFE  &  LOCK  CO.— 

Franchise  to  construct  switch   280 

DOGS— 

Not  allowed  in  public  parks   112  329 

See  "Animals"— 'Bitch  Dog." 
DRAINS— 

Regulations  as  to  use  of   341 

Filth  in   347 

DRIVEWAYS— 

Over  sidewalks  to  be  kept  clean   158  462 

Construction  of   163  478.479 

Driving  over  sidewalks   165  485 

DRUNKENNESS— 

Disturbing  peace  by   83  206 

Unlawful  to  permit  on  premises   87  223 

DYNAMITE— 

Permit  to  keep  same   124  357 


446 


INDEX 


E 

PAGE  SECTION 

EARTH — 

Hauling  in  streets   98  276 

Removing  from  street   99  280 

EAVES  TROUGHS— 

To  be  constructed  when  and  where   105  305 

How  to  be  constructed   105  305 

EAST  OHIO  GAS  CO. 

Franchise  of   295 


EXPLOSIVES— 
See  Firecrackers. 
See  Powder  and  other  Explosives. 

EXPRESS  WAGONS— 
Space  to  be  occupied  by 

EXHIBITIONS— 
See  Shows 

F 

FAIRGROUNDS— 


Entering  without  permission   94  256 

FAMILY — 

Abusing   84  209 

FENCES— 

Destroying  or  defacing   92  249 

FEES— 

Shall  belong  to  city   34  74 

FENDERS— 

Street  railway  companies,  duties  in  connection  there.  .  .  172  514 
Penalty   172  515 

FIGHTING — 

Penalty   79  186 


INDEX  447 


PAGE  SECTION 

FISH— 

Cleaning  upon  street   no  321 

FIRE  DEPARTMENT — 

Composition  of   53  124 

Salaries   53  124 

Bonds   53  124 

Number  of  members   53  124 

Board  of  Public  Safety,  duties  of   54  125 

Apparati   54  126 

Chief  to  inspect  premises   54  127 

Record  of  inspections   55  128 

Protection  of  fire  apparatus   55  129 

False  alarm   $5  129 

Chimneys,  flues,  etc   55  130 

Inspection  of  houses,  etc   56  131 

Fire  limits   56  13-2 

Removal  of  buildings   57  133 

Penalty   "...  57  134 

Firemen's  Pension  Fund   58  135 

Composition   thereof   58  136 

Beneficiaries  of  same   58  136 

Treasurer  of  fund   59  138 

Duties  of  the  present  board   59  139 

Firemen  disabled  to  receive  salary  when   59  140 

Physicians'  and  surgeons'  bills  to  be  paid  when   60  141 

FIREMEN— 

Number  of   53  124 

Salaries  of   53  124 

FIREMEN'S  PENSION  FUND— 

Fund  established   58  135 

Board  of  Trustees   58  136 

Beneficiaries  of   59  137] 

Treasurer  of  fund   59  138 

Duties  of  present  board   59  139 


448 


INDEX 


PAGE  SECTION 

FIRE  LIMITS — 

Defined                                                                      56  132 

Removal  of  buildings                                                   57  133 

Penalty                                                                      57  134 

FIRE  ALARMS — 

Fire  alarms   81  193 

FIRECRACKERS— 

Sale  of  same   126  361 

Having  in  possession   126  361 

Discharge  of  same   127  362 

Penalty   127  364 

FIRE  ARMS— 

Use  of,  etc   89  236 

FINES— 

May  be  remitted   129  371 

When  not  paid,  how  prisoner  disposed  of   129  371 

FRUITS— 

Decayed,  sale  of  prohibited   135  390 

FUNERALS— 

When  not  to  be  attended   138  403 

Near  relatives,  provisions  as  to   138  403 

Rules  of  Board  of  Health  as  to   344 

G 

GAS— 

Rental  of  meters   293 

Price  of  natural   297 

Price  of  artificial   294 

GAS  COMPANIES— 

East  Ohio  Gas  Co   295 

Canton  Gas  Light  &  Coke  Co   293 


INDEX  449 


PAGE  SECTION 

GAS  PIPES— 

Not  to  be  laid  when    99  283 

GASOLINE — 

Keeping  of  same    123  356 

GATES — 

Swinging  upon  or  across  street    80  190 

GARBAGE— 

Defined    61  143 

Cans  for  same   61  143 

Dead  animals    61  143 

Collectors  license    62  146 

Duties  of  garbage  collectors    62  147 

Garbage  cans  care  of   62  147 

Garbage  districts    63  149 

Certain  duties  denned    63  148 

Board  of  Health,  certain  duties  of   64  150 

Price  of  collection   64  151 

License  of  collectors    64  152 

Collector  to  maintain  office    65  153 

To  be  kept  separate  from  rubbish   65  154 

Unlawful  to  deposit,  where   65  155 

Penalty   65  156 

GRAVE  STONES— 

Disturbing    92  248 

GUN-COTTON— 

Keeping  of   124  358 

H 

HAULING  ON  STREETS— 

Gravel,  stone,  sand,  etc.,  not  to  be  dropped   99  281 

Penalty  for  same   99  282 

Certain  penalties    98  277 

HEALTH— 

(See  Public  Health,  Board  of  Health.) 


450 


INDEX 


PAGE  SECTION 

HEALTH  OFFICER — 

Appointed  how                                                             131  374 

To  investigate  certain  deaths                                        132  380 

Permits  to  transport  bodies  to  be  issued  by                       133  383 

Penalty                                                                        133  384 

Certain  diseases,  existence  of  same  to  report  to  superin- 
tendent of  schools                                                  137  401 

Sewers,  to  have  access  to                                              155  455 

Report  to  coroner,  when  cause  of  death  unknown            132  380 

Sexton  to  make  monthly  reports  of  burial                      133  382 

Duties  of   339 

Election  and  term  of  office   339 

Hospital,  right  to  enter  when                                         139  406 

Permit  to  ship  bodies                                                   139  407 

HITCHING  POSTS— - 

To  be  placed  how                                                       160  470 

Where  to  be  placed                                                      164  481 

HOGS— 

Regulation  as  to  keeping  in  City   330 

HOG  PENS— 

  105  303 

HORSES— 

Hitching  to  trees                                                          92  247 

Hitching  of  same                                                            96  266 

To  be  securely  fastened                                                   5  1 

Penalty                                                                         5  1 

Not  to  be  driven  in  parks  in  what  manner                      111  326 

Speed  at  which  to  be  driven  in  parks                             111  326 

Not  to  be  hitched  how  in  parks                                     in  326 

HOSPITALS — 

Not  to  be  visited,  when                                            139  406 

HOUSES — 

Numbering  of                                                                169  504 

Plan  of  numbering                                                         169  505 


INDEX  451 

PAGE  SECTION 

Placing  of  numbers   170  505 

Of  ill-fame  90,91  239,240 

241 

HOUSE  CONNECTIONS— 

Cost  of  same   155  457 

Board  of  Public  Service  to  fix  prices  of   156  458 

HOUSES  OF  ILL-FAME — 

See    90  239 

Residing  in   90  240 

Penalty  for  same   91  241 

HOUSE  MOVERS— 

Licenses  and  bond  of   29  69 

Duties  of    29  70 

Pavements  not  to  be  taken  up  except   29  70 

Care  of  paved  streets  by   29  70 

Penalty    30  71 

HOME  BREWING  CO.— 

Franchise  of  for  switch   280 

HOUTZ  POOR  FUND— 

Board  of  trustees   66  157 

Appointment  of  trustees   66  157 

Terms  of  trustees   66  157 

Bond  of  trustees   66  158 

How  funds  shall  be  invested   66  159 

Not  to  be  loaned  to  trustees   67  160 

HUCKSTERS  AND  PEDDLERS— 

License  to  be  procured  from  Mayor   68  161 

Same  not  transferable  except   68  162 

Amount  of  same   68  163 

Penalty    69  164 

Fee  for  issuing   69  165 


452 


INDEX 


I 


PAGE  SECTION 

ICE— 

On  sidewalks                                                             166  495 

Must  be  removed                                                        166  495 

INDECENT  EXPOSURE— 

w'ee    90  237 

Penalty  for  same   90  238 

INSPECTOR  OF   FOOD,   SLAUGHTER  PIOUSES, 
MEAT  SHOPS  AND  DAIRIES— 

Appointment,  duties  and  compensation   358 

Compensation   358 

INTOXICATION— 

Penalty  for   87  221 

INTOXICATING  LIQUORS— 
See  Saloons. 

INTEREST  AND  SINKING  FUND— 

In  Water  Works  department   188  555 

(See  Sinking  Fund  Commission). 


J 

JUDICIAL  SALES— 

Excepted  as  to  Auctioneers   11  22 

JURIES^- 

Selection  and  drawing  of  same   70  166 

Failure  to  select  at  time  named   70  167 

Criminal  cases   70  168 

Challenges    71  169 

Panel  how  filled   71  171 

Venire,  special   71  173 

Accused  or  his  attorney  to  be  present  at  drawing  of 

same    72  173 


INDEX 


453 


K 


PAGE  SECTION 

KITES — 

Flying    97  272 


LAKESIDE  STREET  RAILROAD  CO.— 

Franchise  of     207 

LAMPS — 

See    94  258 

Trees  near  to  be  trimmed   161  472 

LICENSES — 

Auctioneer's  license   10  19 

Auctioneer's  license   10  20 

Fee  for  same   10  21 

Mayor  to  issue  bill  poster's  license   19  40 

Fee  for  same   19  41 

How  transferable   19  42 

House  movers   29  69 

Shows    49  114 

Fee  for  same   49  115 

Opera  houses,  public  halls,  theatres,  etc   50  119 

Fee  for  same   50  119 

Garbage  collectors  license   64  152 

Fee  for  same   64  152 

Hucksters  and  peddlers   68  161 

Same  not  transferable  except   68  162 

Amount  of  same   68  163 

Fees  for  same   69  165 

Sewer  builder's  license   145  419 

Transient  dealers'  licenses   175  523 

Transient  dealers'  licenses   175  524 

Fee  for  same   175  524 


454 


INDEX 


PAGE  SECTION 

Penalty    175  525 

Pawnbrokers'  license   114  334 

LIGHTS— 

See   94  258 

LIEUTENANTS  OF  THE  FIRE  DEPARTMENT— 

Salary    53  124 

Number    53  124 

LINEMEN— 

Salary   53  124 

LIEUTENANTS  OF  POLICE— 

Salary    118  344 

Bond  and  oath   118  345 

LOCOMOBILES— 
See  Automobiles. 

LOITERING— 

Upon  sidewalks  79,88  188,229 

LOMBARDY  POPLARS— 

Planting  of  prohibited   98  278 

Penalty  for  same   98  279 

M 

MANURE— 

Not  to  be  deposited  in  streets  or  alleys   188  316 

Within  30  feet  of  dwelling-   364 

MANUFACTORY— 

Drainage  from  into  lots,  streets,  etc                                104  298 

MAYOR— 

Auctioneer's  license  to  issue   10  18 

How  same  obtained   10  20 

Fee  for  same   10  21 

Registering  and  numbering  automobiles  1 3,14  29,30 

License  to  issue  to  bill  posters,  sign  painters,  etc   19  40 


INDEX  455 


PAGE  SECTION 

Fee  for  same                                                               19  41 

License  of  advertisers  of  entertainments,  shows,  etc.  .    20  46,47 

Coupon  bonds,  to  destroy  when                                      22  53 

Undertakings  in  court  proceedings  to  be  signed  by  when    23  59 

House  mover's  license  to  issue                                      29  69 

Bond,  salary  and  fees                                                     34  74 

Jurisdiction                                                                      35  75 

Docket                                                                          35  76 

Powers                                                                          36  77 

Powers  to  fine  and  imprison                                           36  78 

Licenses  and  permits  to  be  issued  by                               36  79 

Moneys  to  be  paid  to  City  Treasurer                               37  80 

Dockets  and  business  to  be  turned  over  to  successor.       37  81 

Fees                                                                           37  82 

Board  of  Public  Safety,  appointment                                41  93 

Recognizances  to  be  taken  when                                    48  111 

Fines                                                                          48  112 

Commit  to  City  prison                                                    48  1 1 1 

Garbage  collector's  license  to  issue                                 64  152 

Hucksters  and  peddlers  licenses  to  be  issued  by                68  161 

Character  of  said  licenses                                               68  162 

Amount  of  said  license                                                  68  163 

Penalty                                                                         69  164 

Fee  for  same                                                               69  165 

Jurors  names  to  be  selected  when  and  how                     70  166 

Jurors  names  to  be  selected  when  and  how                     70  166 

Jury  box,  names  to  be  drawn  therefrom  by#.                      70  1 58 

Talesmen  to  be  selected                                                 71  172 

Pawnbrokers  license  to  be  issued  by                              114  334 

May  compel  Pawnbrokers     to    produce  articles 

pawned                                                                  114  336 

Pawnbrokers  daily  report  to  be  made  to                   115  337 

Search  warrant  for  gunpowder,  blasting  powder,  dyna- 
mite, etc.,  to  be  issued  by                                        125  359 

Duties  in  connection  therewith                                       125  359 

Sewer  builders'  license  to  be  issued  by                           145  419 


456 


INDEX 


PAGE  SECTION 

Bond  for  same                                                          145  419 

Snow,  ice  or  dirt,  for  removal  of  same,  notice  to  be 

given  by                                                             167  496 

Schedule  of  street  railways  to  be  maintained  by                172  516 

Transient  dealers  license  to  be  issued  by.  . .   174  523,524 

Fee  for  same                                                             175  524 

Penalty                                                                      175  525 

Private  police  to  appoint                                             120  353 

MARKETS— 

Market  house  and  grounds                                           73  174 

Days  for  market 
Hours  for  market 

Articles  not  to  be  resold                                                74  175 

Market  grounds,  certain  exceptions                                74  176 

Weights  and  measures  therein                                        74  177 

Meats  and  vegetables  unsound                                      75  178 

Cleaning  of  same                                                          75  179 

Filth  in  same                                                               75  180 

Market  house  entering                                                  75  181 

Obstructing  aisle|in  market  house                                  75  181 

Market  master  to  keep  implements  for  weighing  and 

measuring                                                             76  182 

Market  master,  general  duties  of   76  183,184 

Penalty                                                                       77  185 

MARKET  MASTER— 

Duties  of  as  to  City  Ordinances,  etc                                76  183 

Duties  of                                                                   76  184 

MEAT— 

Diseased                                                                    134  385 

Sale  of  prohibited  when                                                134  386 

"  "     "     *•               •  134  387 

Selling  or  keeping  unlawful  when                                   134  388 

Less  than  one  month  old                                                 135  389 

MEASURES— 

(See  Weights  and  Measures.) 


index  457 


PAGE  SECTION 

MENAGERIES — 
(See  Licenses.) 

MERCHANDISE— 

On  sidewalk   165  484 

Four  (4)  feet  for  exhibition  of  ...  164  483 

MEYER'S  LAKE — 

Source  of  water  supply  of  city   185  549 

Pollution  of  same   187  552 

Penalty    188  553 

MILK — 

Unwholesome,  sale  of  prohibited   135  391 

Board  of  Health,  regulation  as  to  sale   353 

Board  of  Health,  regulation  as  to  permit   353 

Inspection  of   135  392 

MILK  TICKETS— 

Use  of   360 

MINORS— 

Not  to  enter  saloon   85  214 

Not  to  drink  or  purchase  liquor   85  215 

Penalty    86  216 

Pawning  of  property  by  prohibited   115  338 

MISDEMEANORS— 

Disturbing  public  peace   79  186 

Penalty  for  second  offense   79  187 

Sidewalks  unlawful  obstruction   79  188 

Chief  of  police,  duty   80  189 

Gates  swing  upon  or  across  streets,  etc   80  190 

N 


NUMBERING  HOUSES— 
(See  Houses.) 


458 


INDEX 


O 

PAGE  SECTION 

OBSCENE  LANGUAGE — 

See   79  186 

OBSCENE  PUBLICATIONS— 

Unlawful  to  sell    86  218  . 

Penalty    86  219 

OFFAL— 

(See  nuisances  and  Public  Health.) 

OFFICERS— 

Oath  of  same   43  100 

(See  various  city  officers.) 

ORDINANCES— 

Cost  of  publishing  certain  ordinances   47  108 

Board  of  Health,  rules  to  have  force  of   131  37J 

P 

OPERA  HOUSES— 

License  for   50  119 

PARKS— 

Rules  as  to  use  of  111,112  326,327 

Carpets  not  to  be  shaken  thereon                                   112  328 

Dogs  not  to  enter  112  329 

Park  policeman,  duty  of                                                112  330 

Persons  violating  rules  to  be  ejected                              113  331 

PARK  POLICEMAN— 

Duties  of  t  12,1 13  330,331 

PATROL  WAGON— 

Use  of    120  351 

PAVEMENTS — 

Destroying  or  removing   99  280 


INDEX 


459 


PAGE  SECTION 

PARENTS — 

Certain  duties  of   83  202 

PAPERS— 

Obscene    86  218 

Penalty    86  219 

PAWNBROKERS— 

License  for  same   114  334 

Dfefined   114  335 

Record    114  336 

Inspection  of  record   114  336 

Daily  report   115  337 

Certain  purchases  prohibited   115  338 

PenaIty    115  339 

PATROL  OPERATORS— 

Salary  of    118  344 

Bond  and  oath   118  345 

PATROLMEN — 

Salary  of   118  344 

Bond  and  oath   118  345 

PERMITS— 

Building  permits   25  60 

Contents  of  same   26  61 

Penalty    27  62 

Fees  for  issuing  same   27  63 

Record  of  building  permits   27  64 

Sewer  permits   146  422 

Application  for  how  made   146  422 

City  Civil  Engineer  to  keep  record  of  sewer  permits.  .  .  147  423 

Fee  for  sewer  permits   147  423 

Distributing  hand  bills,  license  to  be  issued    by  the 

Mayor   20  46 

Mayor's  discretion  and  connection  therewith   20  47 

PETROLEUM  OIL— 
See  Gasoline, 


460 


INDEX 


PAGE  SECTION 

PERCY  S.  SOWERS— 

Franchise  of   196 

PENNSYLVANIA  CO.— 

Franchise  of   262 

"       "   263. 

PHYSICIANS — 

Report  of  132,137  379>4°i 

140  4i2,4I3 

PICKPOCKETS— 

Penalty  for  same   89  235 

PLATS — 

(See  Plats  and  Platting  Commission.) 

PLATS  AND  PLATTING  COMMISSION— 

Former  plats  how  amended  , ...  116  340 

Publication  of  meetings   116  341 

Sessions  of  commission   116  341 

Plats,  etc.,  recording  of   116  341 

Acceptance  of  plans  by  owner   117  342 

Engineer,  salary  of   117  343 

Assistant  Engineer,  salary  of   117  343 

PLUMBERS— 

License  of  for  sewer  building   145  419 

Held  responsible  for  injuries  to  owners   147  423 

Water  Works,  rules  as  to 

PLUMBING — 

Rules  and  regulations  as  to  construction  of   365 

POLICE— 

Composition  of  police  department   118  344 

Salaries  of  same   118  344 

Bonds  and  oaths   118  345 

Board  of  Public  Safety,  duties  of   119  346 

Disabled  may  draw  salary  when  and  how   119  347 

Physicians  and  surgeons  bills  paid  when   1 19  348 


INDEX 


461 


PAGE  SECTION 


Authority  of   119  349 

City  lights,  to  report  as  to   120  350 

Patrol  wagon,  use  of   120  351 

Private  police   120  352 

Time  of  service  and  pay  of  private  police   120  354 

Duties  of  private  police   120  353 

POLICE  COURT — 
(See  Mayor.) 

POLICE  PROSECUTOR— 
(See  City  Solicitor.) 


POWDER  AND  OTHER  EXPLOSIVES— 


Keeping  powder   122  355 

Permit  for   122  355 

Gasoline  keeping  of   123  356 

Permit  for  same   123  356 

Dynamite  and  other  explosives  how  kept   124  357 

Permit  for    124  357 

Private  ground,  certain  explosives  standing  on   124  358 

Public  grounds  certain  explosives  standing  on   124  358 

Searching  of  premises  when   125  359 

Proceedings  thereon   125  359 

Penalty    126  360" 

Firecrackers,  torpedoes  ,etc   126  361 

Discharging  or  exploding,  firecrackers,  torpedoes  ,etc.  .  127  362 

Saving  Clause   127  363 

Penalty    127  364 

PORCHES— 

Projecting  over  sidewalk   165  486 

POSTAL  TELEGRAPH  &  CABLE  CO.— 

Franchise  of   303 

PRESIDENT  OF  THE  COUNCIL— 

Bond  of   39  88 

Duties  of    39  88 


462 


INDEX 


PAGE  SECTION 

Salary  of                                                                     39  88 

Vice   Mayor                                                               39  88 

To  assume  Mayor's  duties  when                                      39  88 

Jurors  to  assist  in  selecting                                            70  166,167 

PRISONERS— 

Labor  of  where  performed                                            128  365 

Under  sixteen                                                               128  365 

Imprisonment                                                               128  366 

Work  on  streets                                                         128  367 

Food  to  be  supplied  by  Chief  of  Police                          129  368 

Food  how  paid  for                                                      129  369 

Fines,  Mayor  may  remit                                              129  370 

Convicted  to  stand  committed                                        129  371 

PRIVATE  POLICE — 

Appointment  of                                                                  120  352 

Duties  of                                                                     120  353 

Term  of  service  and  pay                                              121  354 

PRINTING— 

Union  label  to  bear                                                       45  103 

Advertisements  what  to  contain                                      45  104 

Ordinances,  proclamations,  notices,  etc.,  to  be  published 

in  Union  newspapers                                               45  105 

PRIVIES— 

Contents  of  offensive                                                   105  303 

Not  to  be  become  offensive  ,                                104  297 

PRIVY  VAULTS— 

Contents  to  be  removed  how  ,   107  307,312 

How  to  be  constructed                                                 107  312 

Board  of  Health,  rules  concerning   333 

PROSTITUTES— 

See                                                                        86  217 

PROCESSIONS— 

See                                                                        96  267 


INDEX  463 


PAGE  SECTION 

Right  of  way  for  same   96  268 

PUBLIC  HEALTH — 

Board  of  Health   130  372 

Term  of  office  for  same   130  37? 

Health  officer    131  374 

Board  of  Health  powers  of   131  375 

Resolutions  of  to  have  force  of  ordinances   131  376 

May  recommend  measures  to  council   132  377 

Undertaker's  permit   ,   132  373 

Undertaker's  certificate   132  378 

Physician's  report    132  379 

Health  officer's  duty  in  certain  cases   132  380 

PUBLIC  PEACE — 

Disturbing    79  186 

Penalty  for  second  offense   79  187 

R 

RAILROADS — 

Steam  railroad  obstructing  street  or  alley   95  262 

Penalty  for  same   95  263 

Obstructing  street    97  273,274 

(See  various  special  ordinances.) 

REGISTERED  BONDS— 

May  be  issued   22  52 

Record  of  same   22  54 

Interest  and  principal   23  55 

Faith  and  credit   23  58 

How  registered   23  57 

REPEAL  AND  SAVING  CLAUSE— 

Repeals  of  ordinances   189  556 

Saving  clause    189  557 

When  to  take  effect   189  558 

RESISTING  OFFICER— 

Penalty  for  same   89  233 


464 


INDEX 


PAGE  SECTION 

ROBBERS— 

Habitual  resort  for                                                      102  287 

RUBBISH— 

Defined                                                                      61  143 

How  to  be  kept                                                          62  145 

Where  to  be  hauled                                                      62  145 

Not  to  be  mixed  with  garbage                                      65  154  • 

Unlawful  to  deposit  same  where                                     65  155 

Penalty                                                                       65  156 

Placing  on  sidewalks                                                   165  484 

S 

SALOONS— 

Persons  on  " Black  List"  not  to  enter   84  212 

Minors  not  to  enter   85  214 

Minors  not  to  drink  or  purchase  liquor   85  215 

Minors  unlawful  to  sell  to  same   85  215 

Sunday  keeping  open  or  selling  on   86  220 

SAMPLES — 
(See  Bills.) 

SANITARY  POLICE— 

See   348 

SCARLET  FEVER— 

(See  Diseases,  Board  of  Health.) 

SCHOOLS— 

Children  from  families  having  certain  diseases  not  to 

attend    136  397 

Vaccination    136  396 

SCHEDULE  OF  STREET  RAILWAYS— 

Street  railway    172  516 

Penalty    173  519 

SEALER  OF  WEIGHTS  AND  MEASURES— 

Duties  of    180  535 


INDEX 


465 


PAGE  SECTION 

Branding  of  weights  and  measures  by. . . .                       180  536 

Reports  of                                                                182  542 

SECRETARY  OF  SINKING  FUND  COMMISSION— 

See                                                                          168  499 

Duties                                                                      168  500 

Salary  and  bond                                                          168  501 

Appointment                                                                168  502 

SERGEANT  OF  POLICE— 

Salary  of                                                                    118  344 

Bond  of  oath                                                             118  345 

SEWERS— 

Districts  three  in  number                                              141  415 

District  No  1                                                            141  416 

District  No.  2                                                            142  417 

District  No.  3                                                            144  418 

License  of  sewer  builders                                              145  419 

Numbering  sewers                                                      146  421 

Control  of  same                                                             146  42 

Application  and  permit                                                 146  422 

Record  and  fee  for  permit                                            147  423 

Drawings,  filing  of                                                      147  424 

Fixtures,  access  to                                                      147  424 

Repair  of                                                                    147  424 

House  Connections                                                       147  425 

Pipes,  quality  of                                                            147  425 

Pipes,  size  ot                                                               147  425 

Soil  pipes                                                                   147  425 

Connections                                                                 148  436 

Openings                                                                     148  427 

Danger  signals                                                             149  428 

sewer  districts- 
No  1                                               141  416 

No.  2                                                                    142  417 

No.  3                                                                  144  418 


466 


INDEX 


PAGE  SECTION 

SEWER  BUILDERS— 

Duties  of    146  422 

Application  of .  .  .  .   146  422 

License  of    145  419 

Responsible  for  settling   149  429 

Not  to  break  into  sewer   150  431 

Water  permits  for   150  433 

SEWER  CONNECTIONS— 

Permit  for   146  422 

Where  no  "Y"  how  made   150  431 

SHRUBBERY— 

Destroying  ,   92  246 

SHOWS— 

License  for    49  114 

Fee  for  same   49  115 

Exceptions  as  to  license   50  116 

Must  show  license   50  117 

Penalty   •   50  118 

SIDEWALKS— 

Grade  and  width.   157  459 

Construction  of   157  460 

In  front  of  private  residence   157  461 

Carriages  and  driveways   158  462 

Coal  cellars  or  pits   158  463 

Unloading  upon  w  .j   159  464 

Repair  of   159  465 

Fruit  stands,  etc   159  466 

Crossings    160  468 

Inspectors    160  469 

Hitching  posts   160  470 

Trees   160  471 

Trees  near  lights   161  472 

Signs   161  473 

Awnings  signs,  etc   161  474 


INDEX  467 

PAGE  SECTION 

Width  of   162  476 

Engineer's  duty   162  477 

Construction,  etc.,  of   163  478 

Council  may  construct  and  assess  cost  of  same   163  479 

Dangerous  defects,  repair  of   163  480 

Posts  and  trees   164  481 

Rubbish  on   164  482 

Space  for  exhibiting  goods   164  483 

Merchandise  on   165  484 

Driving  over    165  4. 

Windows,  porches,  areas,  etc.,  projecting  over   165  486 

Railings  and  covers   165  487 

Title  not  granted  how   165  488 

Balconies  over   166  490 

Porches  over    166  490 

Porches  over   166  490 

Hand  carts  with  swill,  etc.  upon   166  491 

Cleaning  of    166  493 

Superintendent  of  streets,  duties  of   166  494 

Snow,  ice  and  dirt  on,  to  be  removed   166  495 

Mayor  to  give  notice,  when   167  496 

Unlawful  obstruction  of   79  188 

SIGNS— 

On  sidewalks   161  473 

Destroying   92  249 

SIGN  PAINTING— 
See  Bills 

SINKS— 

Board  of  Health,  rules   333 

SINKING  FUND  COMMISSION— 

Bond  and  oath  of   168  498 

Secretary  of   168  499 

Secretary's  duties    168  500 

Secretary's  bond  and  salary   168  501 


468 


INDEX 


PAGE  SECTION 

Secretary's  appointment    168  502 

SKATING— 

In  streets    96  269 

SKATING  RINKS — 

License  for   51  123 

Penalty    51  122 

Fees  for  license                                                              51  •  123 

SLAUGHTER  HOUSES— 

To  be  kept  clean   107  310 

Board  of  Health,  rules  as  to   341 

SMALL-POX— 

Unlawful  to  introduce   135  394 

Patients  to  be  under  control  of  Board  of  Health   136  398 

Patients  to  be  confined   138  402 

Flag  on  dwelling   138  402 

Board  of  Health,  rules  as  to   342 

SNOW  AND  ICE— 

On  sidewalks   166  495 

SPEED— 

In   streets   95  256 

SPRINKLING— 

Right  of  way  of  railway  company  to  be  sprinkled   174  521 

Penalty  on  same   174  522 

STARK  COUNTY  WORKHOUSE— 

Prisoners  may  be  sent  to   128  365 

STARK  ELECTRIC  RAILWAY  COMPANY— 

Route  ordinance   251 

Franchise  ordinance  covering  original  route   255 

Extending  lines  of  franchise  for  258 

STARK  BREWING  CO.— 

Franchise  of  to  construct  switch   279 


INDEX         .  469 

PAGE  SECTION 

STARK  COUNTY  TELEPHONE  CO.— 

Franchise  of   314 

STABLES — 

Drainage  from   104  298 

Board  of  Health,  rules  as  to   333 

STALLIONS— 

Not  to  be  put  to  mares  except   5  2 

Penalty    5  2 

STALLS,  MARKET  HOUSE— 

Minimum  price  of  same   73  174 

License  for  same   75  181 

STREETS — 

Skating  and  sliding  in   96  269 

Obstructions   in   97  275 

Numbering  of   170  507 

Numbering  or  houses  on   170  510 

Naming  of   69  503 

STREETS  AND  PUBLIC  GROUNDS— 

Use  of  for  building  material   26  61 

Space  occupied,  signal  lights   26  61 

Engineer  to  report  encroach  upon   43  97 

To  allow  gate  to  swing  across,  penalty   80  190 

Unlawful  to  place  tacks,  etc.,  upon   80  192- 

Placing  solids  or  liquids    offensive    or  unwholesome 

upon    94  260 

Obstruction  by  steam  railroad   95  262 

Deposit  of  dirt,  filth,  etc.,  upon   102  289 

Water  from  premises  not  to  be  discharged   103  291 

Placing  dead  animals  upon   105  301 

Transporting  dead  animals  upon   105  302 

Eaves  overhanging  to  be  provided  with  eaves  troughs.  .  105  305 

Unlawful  to  deposit  manure,  straw,  etc   108  316 

Meaning  of  "Street"   146  421 

Speed  in  streets   95  265 


470 


INDEX 


PAGE  SECTION 

Hitching  horses   96  266 

Processions  upon   96  267 

Processions  right  of  way   96  268 

Moving  buildings   29,30  69,70,71 

Skating  and  sliding  in   96  269 

Cleaning  fish  upon   no  32.1 

Lighting  building  materials,  etc.  in   26  61 

Stopping  or  standing  on  crosswalks   97  271 

Flying  kites  and  playing  ball   97  272 

Obstructing  by  steam  railway   95  262 

STREET  CARS— 

Not  to  jump  on   83  204 

STREET  RAILWAYS— 

Fenders    172  514 

Penalty   172  515 

Schedule   172  516 

Duty  of  Mayor   173  517 

Saving  clause   173  518 

Penalty    173  519 

Rules  governing  same   173  520 

Sprinkling  right  of  way   174  521 

Penalty    174  522 

CANTON  STREET  RAILWAY  CO.— 

Franchise  of   192 

"   198 

"   200 

"   202 

"   203 

LAKESIDE  STREET  RAILWAY  CO.— 

Franchise  of   207 

"    196 

PERCY  S.  SOWERS— 

Franchise  of   196 


INDEX  471 

PAGE  SECTION 

WILLIAM  A.  LYNCH — 

Franchise  of   211 

"    2[5 


;   217 

"    220 

CANTO X  &  MASSILLON  ELECTRIC  RAILWAY  CO.— 


Franchise  of   223 

"   225 

"    227 

CANTON-AKRON  ELECTRIC  RAILWAY  CO.— 

Franchise  of   233 

"   236 


"    239 

"    249 

f   229 

STREET  NAMES  AND  HOUSE  NUMBERS— 


Marking'  street  numbers   169  503 

House  numbers   169  504 

Plan  of  numbering   169  505 

Place  of  numbers   170  506 

Streets  how  numbered   170  507 

City  Civil  Engineer  to  divide  lots  and  blocks  not  pro- 
vided for   170  508 

New  blocks  and  buildings   170  509 

Owners,  etc  ,  required  to  number   170  510 

Notice  to  be  given  by  City  Civil  Engineer   171  511 

Interfering  with  numbers   171  512 

STREAMS— 

Fouling  by  dead  animals,  etc   105  301 

SUNDAY— 

Selling  liquor  on   86  220 

SUSPICIOUS  PERSONS— 

Defined   87  225 

Penalty    88  226 


472 


INDEX 


PAGE  SECTION 

SUPERINTENDENT  OF  CEMETERIES— 

Duties  of   133  381,383 

SUPERINTENDENT  OF  STREETS— 

Duty  to  enforce   99  279 

Prisoners  on  streets  to  have  care  of   128  367 

T 

TACKS— 

Unlawful  to  be  placed  on  sidewalks,  streets,  etc   80  192 

TANDEM  BICYCLES— 
See  Automobiles. 

TELEPHONE  COMPANIES— 

Midland  Telephone  Co.  franchise  of   305 

Central  Union  Telephone  Co.  franchise  of   307 

Carroll  County  Telephone  Co.  franchise  of   311 

Stark  County  Telephone  Co.  franchise  of   314 

TELEGRAPH  COMPANIES— 

American  Rapid  Telegraph  Co.  franchise  of   300 

Western  Union  Telegraph  Co.  franchise  of   301 

Postal  Telegraph  Cable  Co.  franchise  of   303 

TENEMENT  HOUSES— 

Regulations  of  Board  of  Health   335 

THEATRE— 

License  for   50  119 

THIEVES— 

Habitual  resort  for   102  287 

TRAM  PS- 
See  Beggars. 

TRANSIENT  DEALERS— 

License  to  same   175  523 

License  how  issued   175  524 


INDEX  473 

PAGE  SECTION 

Fee  for  same   175  524 

Penalty    175  525 

TREES — 

Destroying   92  246 

Trimming  of   161  471,472 

Where  to  be  placed   164  481 

Hitching  horses  to   92  247 

In  cemetery  destroying  ,   92  248 

Lombardy  poplars  :   98  278,279 

TREASURER — 

Bond  of   39  87 

Duties  of   39  87 

Salary  of   39  87 

Houtz  poor  fund,  duties  in  connection  therewith   67  159 

Firemen's  Pension   59  138 

TRICYCLE — 

See  Automobiles. 

TURNKEYS— 

Salary    118  344 

Bond  and  oath   118  345 

TORPEDOS— 

Sale  of  same   126  345 

Having  in  possession   127  362 

Discharge  of  same   127  362 

Penalty    127  364 

U 

UNDERTAKINGS— 

To  be  signed  by  Mayor  when   23  59 

UNDERTAKERS— 

Permit  and  certificate  how  obtained   132  378 


474 


INDEX 


PAGE  SECTION 

UNSAFE  BUILDINGS — 

Board  of  examiners                                                       28  65 

Duties  of  said  board                                                      28  66 

Cost  of  removing  same                                                  28  67 

union  label- 
To  be  used  on  city  printing  45  103,104,105 

V 

VACCINATION— 

Scholars  to  be  vaccinated   136  396 

VAGRANTS— 
See  beggars. 

VAULTS— 

Not  to  become  offensive   104  297 

VALLEY  RAILWAY  CO.— 

Franchise  of   270 

"   271 

"   272 

"   273 

VEGETABLES— 

Decayed,  sale  of  prohibited   135  39c 

VEHICLES— 

Not  to  be  driven  over  sidewalks   165  485 

W 

WAGONS — 

Not  to  be  driven  on  sidewalks   165  485 

Not  to  stand  on  crosswalks   97  271 

WATER  COURSES — 

Not  to  be  obstructed   110  332 


INDEX  475 


PAGE  SECTION 

WATER  CLOSETS — 

Character  of   154  451 

WATER  WORKS— 

Location  of  same   185  549 

Rights  to  be  appropriated..   186  550 

City  Solicitor,  duty  of   187  551 

Meyer's  lake  and  race,  unlawful  to  pollute   187  552 

Penalty    188  553- 

Bathing  in  water  works  reservoir   188  554 

Interest  in  sinking  fund  of   188  555 

Rules  of  Board  of  Public  Service  as  to 

WASTE  PIPES— 
See  Sewers. 

WARDS— 

1  st  Ward    176  526 

2nd  Ward    176  527 

3rd  Ward    176  528 

4th  Ward    177  529 

5th  Ward    177  530 

6th  Ward    178  531 

WEIGHTS  AND  MEASURES— 

Weights  and  measures   179  532 

Standards    179  533; 

Certain  articles,  how  measured   180  534 

Inspection    180  535 

Stamping  and  branding   180  536 

Weights  and  measures  to  be  stamped  and  branded.  .  .  .  180  537 

Exhibition  to  sealer  of  weights  and  measures   181  538 

Untrue  weights  and  measures,  etc   181  539 

Counterfeiting    181  540 

Articles  of  dry  measure,  how  sold   181  541 

Sealer's  report   182  542 

Penalty    182  543; 

Weighmaster,  duties  of   182  544 


476 


INDEX 


PAGE  SECTION 

Certificate  of  weighmaster   182  545 

Weighmaster  to  weigh  coal   182  546 

Inspection  of  scales,  etc   183  547 

False  weights  and  measures,  destruction  of   183  547 

Coal  wagons  to  be  weighed  and  marked   184  548 

WEIGHMASTER — 

Duties  of   182  544,545 

Weighing  of  coal  by   182  546 

Powers  of   183  547 

Coal  wagons  weighing  of  by   184  548 

WELLS—  ' 

To  be  at  least  ten  feet  from  vault   154  450 

WESTERN  UNION  TELEGRAPH  CO.— 

Franchise  of   301 

WITNESSES— 

Subpoenas  for   43  101 

Must  attend  and  answer   44  102 

WINDOW— 

Projecting  over  sidewalk   165  486 


